THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
X
POLICE REGULATIONS,
BENGAL,
1915.
Issued by and with the authority of the Government
of Bengal.
VOLUME IV.
COURT OFFICE.
CALCUTTA:
Printed at the Bengal Secretariat Press and published
A
by the Bengal Secretariat Book Depot.
1915.
A
Published at the Bengal Secretariat Book Depot,
Writers' Buildings, Calcutta.
OFFICIAL AGENTS.
In I nil in —
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MESSRS. R. CAM BRAY & Co., Calcutta.
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Punjab.
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Calcutta.
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Kalbadevi, Bombay.
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THE PROPRIETOR OF THE NEWAL KISHORE PRESS, Lucknow.
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In Great Britain —
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W.C.
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MESSRS. KEG AN, PAUL, TRENCH, TRUBNER & Co., G8-74, CARTER LAM:,
LONDON, E.G.; ORIENTAL DEPARTMENT, 25. MUSECM STREET, LONDON, W.C.
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-MESSRS. P. S. KING & SON, 2 & 4, Great Smith Street, Westminster, London,
S.W.
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OH the Continent —
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MR. MARTINUS NIJHOFP, The Hague, Holland.
CONTENTS,
I.— Prosecuting Staff. (Rules 1 to 9.)
RULES. PAGE.
1. Prosecuting staff. Court officers ... ... 1
2. Duties of Court Inspector. Court Inspector to exercise general
supervision over his subordinates ... ... 1
Appeals before District Magistrate. To have the use of law
reports, etc. ... ... ... ... 2
3. Statutory powers of Court Inspectors and Sub-Inspectors 2
4. Assistance of legal practitioners or other police .officers ... 2
5. Court constables .. ... ... ... 2
6. Office accommodation ... ... ... 2
7. Criticism of judicial work ... ... ... 2
8. Court officer required to pass examination in law ... ... 2
9. Court officer to have knowledge of finger-print system ... 2
II. — Prosecution of cases. (Rules 10 to 46.)
10. Powers of police officers ... ... ... ... 3
11. Complaint against police officers, etc. ... ... 3
12. Military offenders ... ... ... ... 3
13. Superintendent to he informed of criminal and civil suits ... 4
14. Prosecution by a public servant ... ... ... 4
15. Prosecution of civil suit by a private person. Civil suits .... 4
Criminal suits ... ... ... ... 5 -
16. Employment of Government Pleader for defence ... 5
17. Acquittal or dismissal of case, when Government does not appear 5
1s. Charges must be moderate ... ... ... 5
19. Report of criminal charges against ex-reformatory school boys 5
20. Section 29, Act V of 1861 ... ... ... 5
21. European Vagrancy Act ... ... ... 6
22. Prosecution of cases under section 109, Criminal Procedure
Code ... ... ... ... 6
23. Prosecution of cases under section 110, Criminal Procedure
Code ... ... ... ... 6
24. Court officer responsible for orders under section 106, Criminal
Procedure Code ... ... ... ... 6
25. Court officer responsible for orders under section 565, Criminal
Procedure Code ... ... ... ... 7
26. Written application to be submitted for committing cases to
" Sessions ... .*. . ... ... 7
27. Compensation to families of persons dying from ill-treatment
by police ... ... ... ... 7
28. Prosecution under section 101, Railways Act ... ... 7
29. Institution of Excise and Opium eases ... ... 7
30. Rewards under Opium, Excise and other Acts ... ... 7
31. Prosecutions instituted by public officers. Employment of
Public Prosecutor ... ... ... 8
32. Public Prosecutor in important cases ... .«. 8
33. Assistance to be given to Public Prosecutor ... ... 8
34. Prosecution of gang cases ... ... ... ... 9
35. Conspiracy cases ... ... ... ... 9
36. Government Pleader bound to advise gratis ... ... 9
37. Duty of Superintendent of Police in the prosecution of cases 9
38. Distribution of cases amongst Magistrates ... ... 9
39. Prosecution of railway cases ... ... ... 9
40. Daily report ... ... ... ... 10
4 1 . Appeals to High Court and to Sessions ... ... 10
42. Instructing the Government Pleader in Sessions cases ... 10
43. Appeals by Government ... ... ... 11
44. Appeals against acquittal and application for further enquiry 11
45. Withdrawal of Sessions cases ... ... ... 11
46. Withdrawal of cases before Magistrate ... ... 11
5000057
III. — Instructions regarding Evidence. (Rules 47 to 66.)
RULES. PAGE.
47. Attendance of witnesses ... ... ... 11
48. Expenses of complainant and witnesses attending court ... 11
49. Certificate of attendance for Government servant ... 12
50. Production of diaries ... ... ... ... 12
51. Custody of case diaries and other police papers ... ... 12
52. Statement of witnesses under section 161, Criminal Procedure
Code ... ... ... ... 12
53. Interviewing convicts ... ... ... ... 12
54. Recording of confessions ... ... ... 13
55. Witnesses to house-search ... ... ... 13
66. Finger-prints and photographs of approvers ... ... 13
57. Despatch of manuscripts to the Handwriting Expert ... 13
58. Despatch of arms, ammunition and weapons for expert
examination ... ... ... ... 13
59. Evidence of finger-print experts in districts ... ... 13
60. Register of unidentified persons ... ... ... 13
61. Persons whose finger-prints are to be taken for search. Defini-
tion of "unidentified." Submission of finger-prints of
unidentified dead bodies for search ... ... 14
62. Slips to be sent to Central Bureau ... ... ... 15
63. Slips to be sent to bureaux of other provinces ... 15
64. Search slin to be attached to finger-print slip ... ... 15
65. Method of proving previous convictions in traced cases. Proof
of last conviction will generally suffice ... ... 16
66. Method of proving identity of accused ... ... 16
IV.— Instructions regarding certain police papers and
records. (Rules 67 to 71.)
67. Charge sheets and first information reports ... ... 16
68. Concise memorandum 16
69. Precis to be prepared of false cases ... 16
70. Judgments in gang cases to be sent to Criminal Investigation
Department ... ... 17
71. Court officer's connection with records 17
V.— Bail and Recognizance. (Rules 72 and 73.)
72. Bail and recognizance bonds. Money security 17
73. Sureties in bad-livelihood cases . " 17
VI. — Absconders, Warrants and other Processes. (Rules 74 to 88.)
74. Warrants against absconders .... 18
75. Rules regarding warrants ... 18
76. Proclamation ... lg
Attachment of property 19
77. Form of attachment order 19
78. Confiscation of property of proclaimed offenders ... 19
79. Evidence under section 512, Criminal Procedure Code 19
80. Extradition ... ... 19
81. Previous offence suspected ... 20
82. Despatch of verification rolls 20
83. Action to be taken by Court officer on receipt of verification
roll ... ... ... 20
84. Service of warrants and other processes. Summons against a
police officer ... ... 21
85. Monthly return of unexecuted warrants 21
86. Summons and warrants against railway servants 21
Return of warrant against absconder ... 21
88. Witnesses arrested on warrant
VII. — Custody and production of prisoners. (Rules 89 to 98.)
RULES. PAGE.
89. Hajat Register. Custody, escort and release of prisoners ... 21
90. Search of prisoners on arrival. Second search of prisoners
before entering court ... ... ... ... 22
91. Desperate characters ... ... ... 22
92. Children of female convicts sent to jail ... ... ... 22
93. Drinking water and food ... ... ... 23
94. Removal from lock-up ... ... ... 23
95. Interview with under-trial prisoners in court ... ... 23
96. Production of prisoners before the Sessions Judge ... 23
97. Police officer to attend Sessions Courts ... ... ... 23
98. Segregation of approvers, confessing prisoners and others ... 23
VIM Property. (Rules 99 to 103.)
99. Malkhana Register. Court officer to keep keys of Malkhanas.
Valuables to be kept in treasury. Perishable property.
List of property on person of accused. Inspection of
Malkhana Register. ... ... ... ... 24
100. Property of accused ... ... ... 25
101. Rules for the care, custody and disposal of weapons deposited in
the malkhana. Malkhana Arms Register. Description of
arms ... ... ... ... 25
102. Despatch to the arsenal ... ... ... ... 26
103. Disposal of counterfeit coins ... ... ... 27
IX.— Chemical Examination. (Rules 104 to 111.)
104. Chemical examination ... ... ... 27
1.05. Stock for preservation of viscera ... ... 27
106. Period of preservation of viscera ... ... 27
107. Packing and despatching of exhibits sent to Chemical Examiner 28
108. Suspected blood or seminal stains ... ... 28
109. Knives or weapons ... ... ... ... 29
110. Examination of blood stains ... ... ... 29
111. Examination of medical officers 29
X.— Miscellaneous. (Rules 112 to 114.)
112. Stationery, forms and stamps ... . ... ... 30
113. Court officers making over charge ... ... ... 30
114. Furniture 30
XI.— Registers and Returns. (Rules 115 to 145.)
115. Registers, returns, etc. ... ... ... 30
116. Pages of court registers to be numbered ... ... 30
117. Magistrate's General Register of Cases, P. R. B. Form No. 195 30
118. Entries to be made on receipt of first information ... 31
119. 4Hrst information report by whom kept ... ... 31
120. Entries to be made on receipt of final papers ... ... 31
121. The entries to be made when no charge sheet is submitted ... 31
122. Instructions for entry in column 16 ... ... 31
123. Miscellaneous instructions ... ... ... 32
124. Final memorandum ..*. ... ... ... 33
125. Court Khatian Register ... ... ... 33
126. Instructions for filling up columns of Khatian Register ... 35
127. Utilization of spare columns of Khatian ... 36
128. Appeal Register ... ... ... 38
129. Results of appeals ... ... ... ... 38
RULES. PAGE.
130. Conviction Register ... ... ... ... 38
131. Form of description ... ... ... ... 40
132. Persons convicted in or residents of the United Provinces ... 40
133. Opium cases ... ... ... ... 40
134. Index to Conviction Register ... ... ... 40
135. System of indexing names ... ... ... 41
136. Cross-references how to be made ... ... 42
137. Elimination of names of deceased persons. Names of persons
acquitted on appeal to be struck off ... ... 42
Register of Sessions cases ... ... ... 43
Station cash account how checked ... ... ... 43
Register of papers received and despatched ... ... 43
Counterfoil book of receipts ... ... ... 43
Investigation of non-cognizaftle cases. Investigation by police
of offences relating to marriage deprecated. Irregular orders
passed by Magistrates to be brought to notice ... ... 43
143. Statement of serious crime ... ... ... 43
Burglary — what cases to be registered ... ... 44
144. Professional and technical dacoity ... ... 44
145. Quarterly statement of unidentified persons ... ... 45
XII.— P. R. System. (Rules 146 to 172.)
146. Cases traced by Bureau .... ... ... 45
147. Convicts whose finger-prints are to be taken for record ... 45
Definition of "P. R." ... ... ... 46
148. Railway cases ... ... ... ... 46
149. Responsibility of officer taking finger-prints ... ... 46
150. Finger-prints to be taken before a gazetted officer when possible 46
151. Slips of convicts identified or unidentified to be distinguished.
Slips of traced convicts ... ... ... 46
152. Number of slips required for record ... ... 47
153. Slips to be kept by Superintendent of Police until tested ... 47
151. The testing of slips by an expert ... ... ... 48
155. Procedure when the services of an expert are not available ... 48
156. Procedure regarding slips of persons passing quickly out of
157. Slips to be sent to Bureaux after period allowed for appeal ... 48
158. Escapes to be immediately reported to the Bureau ... 49
custody ... ... ... ... 48
159. Photographing unidentified corpses ... ... 49
160. Object of the P. R. system ... ... ... 49
161. Classification of P. R. prisoners ... ... ... 49
162. P. R. slips ... ... ... ... 50
163. Finger-impressions when to be taken ... ... ... 50
164. Jail authorities to check P. R. system ... ... 50
165. Reports of death in jail ... ... ... ... 50
166. Information of convicts made P. R. to be sent to station police 51
167. Jail of release of P. R. T. and P. R. T. 565 prisoners
168. Jail parade ... ... ... ... ... 51
169. Rewards to staff for tracing identity of prisoners * ... 52
170. Release notice ... ... ... ... 52
Filing of P. R, slips ... ... ... 53
171. Release of juvenile convicts ... ... ... 53
172. Release notices, P. R. slips and conviction rolls received from
other districts 53
1—2
POLICE REGULATIONS, BENGAL.
VOLUME IV.
COURT OFFICE.
7. — Prosecuting Staff.
Prosecuting
staff.
1. The prosecuting1 staff in each district shall consist of —
(a) the Public Prosecutor who conducts prosecutions before
the Sessions Court, and in important cases before
Magistrates' Courts. All Government Pleaders are
c.r-officin Public Prosecutors, but in some districts and
in certain subdivisions another pleader or advocate is
appointed to be Public Prosecutor, and relieves the
Government Pleader of the conduct of prosecutions;
(b) an Inspector or Sub-Inspector at the headquarters sta- court officer
tion of every district, and a Sub-Inspector at the head-
quarters of each subdivision. These officers are
styled Court officers, and are assisted by a certain
number of Sub-Inspectors, head constables and con-
stablrs according to requirements.
2. (a) The Court Inspector shall -be responsible for the prose-
cution of all cases at headquarters, and shall assist the Circle In-
spectors and subdivisional Court officers with advice relating to the
prosecntfon of cases when required by them to do so. He shall
conduct prosecutions at subdivisions only when ordered by the
Superintendent of Police to do so.
(b) The Superintendent of Police shall not depute the Court
Inspector to take up cases at a subdivision without satisfying him-
self that there are no urgent cases at headquarters for him to con-
duct, and without informing the District Magistrate of the pro-
posed deputation.
(c) Should a Subdivisional Magistrate, Subdivisional Police
Officer or Circle Inspector consider that any case at a subdivision
ought to be conducted by the Court Inspector in person, he shall
apply to the Superintendent of Police for the services of th^ officer.
(d) When on a case coming before a Magistrate, it appears to
him that the Court Inspector or Sub-Inspector should prosecute
personally, he shall order him to prosecute, and the officer so ordered
shall communicate the order to the Superintendent. If the Super-
intendent considers that the employment of the officer in the case
is unnecessary, he shall refer the question for the orders of the
District Magistrate.
(e) The Court Inspector shall not be employed on clerical duties
or the upkeep of registers, but he shall exercise general supervision
over the work of his subordinates, and shall be held generally re-
sponsible for the efficient working of the Court office. To enable
him to do so he shall inspect the court office once every half-year.
Duties of Cou
Inspector.
Court In-
spector to
exercise
general
supervision
over his
subordinates
Appeals before
District
Magistrate.
To have the
use of law
reports, etc.
Statutory
powers of
Court
Inspectors and
Sub-inspectors.
Assistance of
legal
practitioners
or other police
officers.
Court
constables.
Office
accommoda-
tion.
Criticism of
judicial work.
Court officer
required to
pass
examination
in law.
Court officer
to have
knowledge of
finger-print
system.
(/") The Court Inspector shall appear before the District Magis-
trate, in appeals heard by him in police cases, when such appeals
are contested, or when the circumstances of a particular case demand
it, and the Public Prosecutor is not engaged to appear.
(g) The Court Inspector at the sadar shall not be taken into the
mufassal by the Magistrate without reference to the Superintendent
of Police.
(A) Court Inspectors shall have the use of law books, law reports
and the Calcutta, Gazette in the Magistrate's library, and such books,
reports and gazettes may be issued to them from the Magistrate's
library on their own requisition.
(i) Court Inspectors and Sub-Inspectors shall make themselves
thoroughly acquainted with the contents of the case diaries and with
all particulars connected with those cases which they have to pro-
secute.
(/) All applications made to Magistrates by Court Inspectors and
Sub-Inspectors in the course of a trial shall be in writing, and shall
be filed in the same way as is done by private parties.
3. By virtue of Notification No. 2507 P. of the Government
of Bengal, dated the 6th July 1907, every Inspector and Sub-
Inspector of Police who has been appointed to prosecute cases before
the courts of Magistrates is thereby appointed to be a Public Pro-
secutor generally for all such cases in such courts.
4i (a) When any other officer or person is employed by tho
Magistrate to conduct the prosecution of a case, the Court officer
shall give him all information needful to enable him to conduct UK-
prosecution efficiently.
(fe) No Prosecuting Inspector or Sub-Inspector shall leave the
prosecution of police cases in the hands of legal practitioners en-
gaged hy private persons without the express sanction of the Sup-
erintendent of Police or the Magistrate. He may take instructions
from legal practitioners so engaged, and allow them to assist him.
5. A constable shall be placed on duty in courts when police
cases are being tried, and in all other criminal courts when avail-
able.
6. The offices of the Circle Inspector and the Court officer
shall be amalgamated wherever the accommodation available ren-
ders this practicable.
7. All Court officers shall observe the instructions given in rulo
141, Volume I, of these Regulations, and should occasion arise for
them to draw attention to what appears to them a judicial error or
irregularity on the part of a Magistrate, they shall' do so in tem-
perate and respectful language.
8. No officer shall ordinarily be appointed to hold charge of
a court office unless he has passed the examination in law and pro-
cedure prescribed for Inspectors of Police (vide rule 68, Volume III
of these Regulations). An entry shall be made in the service book
and gradation list of officers who have passed the examination to
the effect that they are competent for employment as Court officers.
9. Every Court officer shall have a thorough knowledge of the
system of finger-prints. No Court officer shall be promoted until
he, holds a certificate of proficiency in this subject.
12
//. — Prosecution of cases.
10. Under section 24, Act V of 1861, any police officer may
lay any information before a Magistrate and apply for a summons,
warrant, search-warrant or such other legal process as may by law
issue against any person committing an offence. Prosecutions for
non-cognizable offences, however, or for an offence vnder section
353, Indian Penal Code, when the public servant assaulted is a
police officer, shall not be instituted, as a rule, without the previous
permission of the Superintendent of Police. The Court officer shall
report whenever a police officer institutes a non-cognizable case
without authority. .
11. (a) The Court officer shall report to the Superintendent of
Police whenever a complaint, cognizable or non-cognizable, is made
against a police officer, or when any police officer or clerk is con-
cerned in any suit or miscellaneous proceeding, and such reports
shall be forwarded to the Magistrate and dealt with under the rules
concerning misconduct of officers.
(6) All such complaints shall be handed over by Magistrates'
bench clerks to Court officers, who shall return them immediately
after reporting the matter to the Superintendent.
12. The following rules shall be observed in respect of accused
persons subject to the jurisdiction of both criminal courts and
courts-martial [see Appendix XXI]: —
When a person subject to the Indian Articles of War is accused
of an offence in respect of which both a criminal court and a court-
martial have jurisdiction, and is in military custody, the prescribed
military authority, if he decides that the case ought to be tried
by a criminal court, should move the Magistrate to investigate the
charge, handing over the accused to him for that purpose. In this
event the senior executive officer, not below the rank of Assistant
Superintendent of Police, shall address a requisition to the military
authorities, accompanied in the case of a non-cognizable offence by
a warrant signed by a Magistrate. If, however, he decides that
the charge is to be tried by court-martial, the accused will be kept
in military custody pending such trial, and the Magistrate, should
he consider that the charge should be tried by a criminal court,
must take action under Article 175. When, on the other hand,
the accused in such a case is in civil custody, the Magistrate should
not proceed to investigate the charge until he has communicated
with the prescribed military authority and ascertained that officer's
decision under Article 174. If dissatisfied with the decision of
that officer in favour of a court-martial, the Magistrate should take
action under Article 175, but in the meantime the accused should
be delivered into military custody. Thus, if the civil police have
information of a theft or other offence alleged to have been com-
mitted by A, a person subject to the Indian Articles of War, and
the case is one in which both a criminal court and a court-martial
have jurisdiction, and if in consequence A is arrested by such police,
A must be at once placed in civil custody, wherever the arrest may
have been effected, and will remain in such custody, unless and
until the Officer Commanding the troops to which he belongs de-
cides that he shall be tried by a court-martial, and directs that
he shall be detained in military custody. To that officer an inti-
mation of the fact of A's arrest should be communicated by the
Magistrate who has concurrent jurisdiction ; and if the decision
Powers of
police
officers.
Complaint
against police
officers,
etc.
Military
offenders.
13
under Article 174 is in favour of a court-martial and is communi-
cated within a reasonable time to the Magistrate, the Magistrate
should at once cause A to be handed over to the military author-
ities under a proper escort, to be provided by the latter, reserving
te himself the right of, if necessary, compelling a reference to the
Governor-General in Council under Article 175. In case of doubt
as to whether an accused person in civil custody is liable to be tried
by court-martial, the Magistrate concerned should, before begin-
ning any investigation into the charge, communicate with the
Officer Commanding the -troops to which such accused person be
longs, and proceed as directed above. In similar cases of doubt,
if the ^accused is in military custody, the Magistrate would do
well to communicate first with the Officer Commanding the troops
to which the accused belongs, before taking formal action under
Article 175. Where a criminal court and court-martial have con-
current jurisdiction, it is, as a rule, desirable that the accused
should be tried by the latter ; but in cases of thefts of arms, ammu-
nition or other property belonging to the Government, if there is
reason -to suspect that persons, other than tTie accused, who are
not subject to the Indian Articles of War, are directly or indirectly
implicated, it may often be expedient for the Officer Commanding
the troops to decide in favour of investigation by the criminal court
as more likely to ensure "the discovery and punishment of all the
accessories to the offence.
Superintendent 13. (a) Every police officer against whom any criminal prose-
to be informed tuition or civil suit is instituted shall at once inform the Superin-
of criminal tendent of Police, and if he delays or fails to do so, the delay or
and civil suits, neglect may imperil the consideration on its merits of the question
whether the costs of his defence are to be repaid to him, and if the
delay is serious the payment of the full costs shall not be recom-
mended to Government.
(b) When a criminal case or a civil suit is instituted against a
head constable or Constable, his immediate superior shall be re-
sponsible for bringing the fact to the notice of the Superintendent
of Police.
Prosecution ^' When a prosecution against an officer of Government is
by a public instituted by a public servant, the officer charged will be left to
servant. defend himself, but Government will defray his reasonable costs
in the event of his being acquitted, and it being shown that his con-
duct throughout has been free from all blame. If, though acquitted
of the offence charged, his conduct should appear not to be free
from blame, he shall receive only such portion, if any, of the Costs
incurred by him as may seem fit to Government.
Prosecution of ""*• ^n ^ne case °f a civil suit or a criminal prosecution insti-
civil suit by luted by a private person against a public servant for acts done in
a private the discharge of his public duty, the following course shall be fol-
person. lowed : —
Civil suits. (a) Under the provisions of section 80 of the Civil Procedure
Code, no such civil suit can be instituted until the
expiration of two months after delivery of the notice
under that section. On receipt of such notice, the
public servant concerned shall at once report to hia
superior officer all the circumstances necessary to the
forming of an opinion on the case. The superior
officer receiving such report shall without delay, after
making any enquiry that may be necessary, report all
2O
the facts of the case, with his recommendation, for
the orders of Government, through the usual official
channel. Government will pass orders after consult-
ing the Legal Remembrancer, if necessary.
NOTE. — A full report of the facts does not mean merely a statement of the facts
as represented by the officer concerned, but an impartial statement of the facts,
together with the opinion of the local officers as to whether or not the officer con-
cerned should be defended at the cost of Government or his expenses repaid to him.
(6) Section 197 of the Criminal Procedure Code lays down a
special procedure in regard to criminal prosecutions
against certain classes of officers. In such cases
there would always be ample time to obtain the orders
of Government as to undertaking the defence of the
officers, and this shall be done. In the case of crimi-
nal prosecutions against other classes of public ser-
vants, it may ordinarily be impossible to obtain the
orders of Government before the commencement of
the proceedings before the court, and when this is so
it shall rest with the local officers to decide whether
the defence should be undertaken by the Government
or not. Whenever it is probable, however, that ihe
orders of the Government can be obtained in time, a
full report shall be at once submitted through the
usual official channel. If such orders are received
before the commencement of the proceedings, they
shall be acted on ; if not, the local officers shall them-
selves decide upon the course to be taken.
16. In all cases of criminal prosecutions brought against pub-
lic officers for acts arising ovit of the performance of their public
duties, Government Pleaders are bound to defend them, subject to
the conditions laid dowrn in these rules, and are entitled to fees.
17. Where no appearance is entered on behalf of Government,
and the action is dismissed, or the accused discharged or acquitted,
the case will be dealt with as is provided under rule 13, allowance
being made for the expenses (if any) realizable under the order of
the court.
18. It is to be distinctly understood that charges, the payment
of which may be applied for under these rules, shall be moderate, and
that the Government does not bind itself to pay unnecessary expenses
which the officer concerned may choose to incur. In petty cases,
an appearance in person will be often quite sufficient, and where
this is so, the employment of a pleader is superfluous. In the
same way, requests for the payment of Counsel shall be entertained
only under very exceptional circumstances.
19. The Court officers shall report to the Superintendent of
Police all cases in which ex-reformatory school boys are concerned,
but -which do not result in their imprisonment, e.g., cases in which
a sentence of whipping is inflicted or where the benefit of the doubt
is given, or cases in which the evidence is insufficient for conviction.
When an ex-reformatory boy is bound down under the preventive
sections of the Criminal Procedure Code, the fact shall be similarly
reported. (Vide rule 51, Volume II,- and rule 85, Volume V.)
20. (a) Superintendents are empowered to order the prosecu-
tion of police officers under section 29, Act V of 1861 ; but no Magis-
trate, except the Magistrate of the district may exercise the power
of instituting' prosecutions under this section.
Criminal suits.
Employment of
Government
Pleader for
defence.
Acquittal or
dismissal of
case, when
Government
does not
appear.
Charges must
be moderate.
Report of
criminal
charges
against ex-
reformatory
school boys.
Section 29,
Act V of 1861
21
European
Vagrancy
Act.
Prosecution of
cases under
section 109,
Criminal
Procedure
Code.
Prosecution of
cases under
section 110,
Criminal
Procedure
Code.
Court officer
responsible for
orders under
section 106,
Criminal
Procedure
Code.
(b) Court Inspectors at headquarters and Court officers at sub-
divisions shall be responsible for the proper prosecution of cases
in which policemen are accused of negligently allowing prisoners
to escape, and of all other cases instituted by order of the Super-
intendent of Police against police officers.
21. All prosecutions under the European Vagrancy Act (IX
of 1874) shall be instituted and conducted by a Superintendent or
Assistant Superintendent of Police.
22. The Court officer on receipt of an accused person arrested
under section 55, Criminal Procedure Code, with a view to proceed-
ings under section 109, Criminal Procedure Code, shall at once
adduce before the Magistrate evidence to prove the circumstances
which justified the arrest. It is to be observed that this evidence,
if believed, is sufficient to justify the initiation of proceedings and
no more evidence is essentially necessary for this purpose. But it
shall be the duty of the Court officer to see that there is no delay
in producing the further evidence required to prove identity, and
the character or antecedents of the accused person, etc. The
examination of witnesses to prove the reasons for the arrest shall
not, however, be delayed pending enquiries on these points.
23. (a) In the report^for proceedings, no more should be stated
than it is proposed to endeavour to prove. Before trial a note shall be
prepared for the use of the prosecuting officer of the evidence obtain-
able from records and to be given by each witness ; and this evidence
'shall be grouped, so far as circumstances permit, according as it
relates to prevalence of crime, suspicion in particular cases, move-
ments under surveillance, association, free living without apparent
means of livelihood, general repute, or any other facts it is pro-
posed to prove.
(b) In the case of bad-livelihood proceedings against gangs, it
is essential that the evidence should not only be generally arranged
in the manner described in clause (a), but it should also be clearly
stated and briefed as against each individual accused.
(c) When the case comes on for trial, the first witness called
should be the investigating officer, who should give a straight-
forward account of the reasons for and history of the enquiry against
the accused, in order to show the court that a fair and painstaking
endeavour has been madje to ascertain the criminals responsible
before proceedings were instituted. The police-station records
should be produced, and the evidence available from them described,
followed by any facts ascertained in the course of enquiry to which
the investigating officer can depose.
(d) The court should then be informed of the different points
it is proposed to establish against the accused, and the witnesses
should be called in groups, so far as possible, in a corresponding
sequence.
24. Section 106, Criminal Procedure Code, lays down the
offence on conviction for which an order for security to keep the
peace may be passed. Court officers are specially enjoined to see
that in all cases of riot arising from a dispute about land, and in all
cases in which the cause of friction is likely to recur, an application
shall be made to the Magistrate for an order under section 106,
Criminal Procedure Code, binding down the persons convicted.
6
30
25. The Court officer shall ordinarily move the court for an
order under section 565, Criminal Procedure Code, in the case of all
offenders who have been previously convicted of offences under
Chapters XII and XVII, Indian Penal Code, punishable with
imprisonment for three years or upwards.
26. In all cases in which an accused person is sent up with
several previous convictions under Chapters XII and XVII of the
Indian Penal Code, the Court officer shall, with the approval of the
Superintendent of Police, submit a written application to the court,
requesting the Magistrate to commit the case to the Sessions. The
Court officer will be held responsible that this rule is strictly com-
plied with.
27. On a case having been instituted in which any person has
met with his death at the hands of any police officer as a result of
ill-treatment, the Court officer or any other officer responsible for the
prosecution will furnish the Superintendent of Police with a report
showing what compensation has been awarded by the court to the
family of the injured person. If no compensation has been award-
ed, or if the compensation awarded is not considered sufficient, the
Superintendent of Police will submit a report to the Inspector-
General of Police through the District Magistrate and the Deputy
Inspector-General of the Range. The Inspector-General of Police
will, if the circumstances appear to demand pecuniary recompense,
move the Local Government for the sanction of a gratuity under
article 278 A of the Civil Account Code. (Government Order No.
777 P., dated the 27th January 1912.)
28. No prosecution for an offence under section 101 of the
Indian Railways Act (IX of 1890) shall be instituted by a police
officer without the sanction of the Superintendent of the Railway
Police concerned, which shall be communicated, immediately it is
accorded, to the Agent or the Manager of the Railway. Police
reports in railway accident cases, as well as all other police papers
connected with railways, shall be submitted to the Magistrate
through the Court officer and not direct.
29. On the institution of any excise or opium cases sent up by
the police without the cognizance of the Collector, the Court officer
shall at once inform him, so that the Excise Department may, if
they choose, watch the proceedings. The procedure as to prosecu-
tion by Court officers shall be the same as in other police cases.
But in excise cases sent up by excise officers the following proce-
dure shall be followed : —
(a) In cases in which the employment of an officer to pro-
secute is not considered necessary, the excise officer,
though no formal prosecutor, shall assist the court.
(b) In cases in which the employment of an officer is con-
sidered necessary by the Collector or Subdivisional
Officer, or in his absence by the senior officer in charge
of his office, the court police shall undertake the pro-
secution, except when the case is of such importance
or intricacy that it is considered necessary to engage
a pleader.
30. Rewards can be granted for successful detection of cases
under certain sections of the following special Acts: —
(?) Indian Opium Act, I of 1878.
(vi) Bengal Excise Act, V of 1909.
Court officer
responsible for
orders under
section 565,
C -. P. Code.
Written
application to
be submitted
for committing
cases to
Sessions.
Compensation
to families of
persons dying
from ill-
treatment
by police.
Prosecution
under section
101, Railways
Act.
Institution of
Excise and
Opium cases.
Rewards under
Opium, Excise
and other
Acts.
31
Prosecutions
instituted by
public officers.
Employment
of Public
Prosecutor.
Public
Prosecutor in
important
cases.
Assistance
to be given
to Public
Prosecutor.
'(Hi) Indian Arms Act, XI of 1878.
(iv) Bengal Act II of 1867 (Gambling), as amended by Ben-
gal Act IV of 1913.
(v) Indian Explosives Act, IV of 1884, as amended by Act
VI of 1908.
(vi) Bengal Registration of Births and Deaths Act, IV of
1873.
It is the duty of the Court officer, when the circumstances are
appropriate, to bring the rules connected with the distribution of
rewards to the notice of the convicting Magistrate and to apply
for the authorised rewards on behalf of the police officers con-
cerned.
31. The following procedure shall be followed when prosecu-
tions are instituted by public officers : —
Where the charge is of a cognizable offence, the prosecution
will ordinarily be conducted by the police. Where the charge is
of an offence which is non-cognizable, or, though cognizable, calls
for special arrangements, the officer who prefers the complaint
should refer for instructions to the Magistrate of the district, who
may, if he thinks fit, either instruct the officer himself to prosecute,
or if the case is of a complicated and difficult nature, rendering,
in his opinion, the employment of the Public Prosecutor or of some
legal practitioner necessary for efficient prosecution, may direct the
Public Prosecutor to prosecute or report for the sanction of the
Legal Remembrancer what other arrangements he lias to propose.
If possible, the Legal Remembrancer's permission shall be taken
before the Public Prosecutor is employed to conduct cases in Magis-
trates' courts. Whenever it may be necessary for a Magistrate
to authorize the employment of the Public Prosecutor before obtain-
ing the Legal Remembrancer's sanction, he shall at once report
his proceedings for that officer's approval. The responsibility
must rest with the Magistrate in the first instance of deciding
whether it is necessary to employ the Public Prosecutor or not, and
he must act on his own discretion in the matter, subject to the
Legal Remembrancer's control and criticism, if the discretion
appears to have been- improperly exercised. It is practically im-
possible to obtain this sanction in all cases before the Public Prose-
cutor is employed.
32. (a) In important cases, the Superintendent of Police shall
aPply to the Magistrate of the district to retain the services of the
Public Prosecutor.
(b) The Magistrate as the chief executive authority in the dis-
trict is the representative of Government, and has the first call on
the Public Prosecutor's professional services, both in the original
and appellate courts. The Public Prosecutor, therefore, cannot
accept a brief for the defence, or for an appellant, or for an appli-
cant for revision in a criminal case, except with the Magistrate's
permission in writing previously obtained.
(c) Public Prosecutors shall never be deputed to the mufassal
without the previous sanction of the Legal Remembrancer.
33. The Court Inspector, or other officer well acquainted with
the facts of a Sessions case, shall assist the Public Prosecutor
throughout the case.
8
39
34. The prosecution of gang- cases both in a Magistrate's court
and the Sessions court will be placed in the hands of the Public
Prosecutor. Ordinarily all officers who took part in the investiga-
tion must be cited as witnesses and examined at an early stage of
the proceedings, in order to give the court an idea as to how the case
started, and how the evidence was collected and sifted. (Govern-
ment Order No. 3571 P.— D., dated the 6th September 1912.)
35. (1) Prosecutions under section 121A, Indian Penal Code,
can only be instituted by order of the Local Government. Where
the assistance of the police is invoked in such cases, police officers
will be guided mutatis -mutandis by rules relating to the institution
and conduct of gang .cases. The police officer employed for the
purpose of supervision and control must be of known integrity and
experience, and should go into the witness-box at an early stage
of the case to show how (lie evidence has been got together and
sifted. He will also be responsible for keeping the Commissioner
and Government informed of all important stages of the case.
(2) The advice of the Legal Remembrancer will be taken with
regard to any proposal to institute a case for conspiracy before the
preliminary enquiry commences, and from time to time as the case
proceeds steps will he taken to secure fuller legal advice whenever
the Legal Remembrancer considers such a course advisable. Should
a prosecution be sanctioned, the selection of pleaders or counsel
to conduct the case will be made only with the approval of Govern-
ment. (Government Order No. 3571 P. — D., dated the 6th Sep-
tember 1912.)
36. The Government Pleader is bound to advise the head of
any Government office on any legal matters affecting the interests
of Government, in connection with the department which such
cclficer represents, without the payment of a fee, such service being-
covered by his general retainer,
37. The Superintendent of Police and his Assistant, where he
has one, should themselves take an active and personal interest in
the prosecution of cases of all kinds. It will often be useful for
him to be present at the trial of important police cases whether
with Magistrate or with Sessions court. No important case should
go to the Sessions for trial, which the Superintendent of Police has
not personally mastered and carefully discussed with the Govern-
ment Pleader and investigating officer.
38. The Superintendent of Police shall see that the Court
officer does not burden himself with more cases than Tie can pro-
perly manage, and when necessary, shall move the District Magis-
trate to arrange work so that not more than one case to be pro-
secuted by the Court officer is called up by the different courts at
one time.
39. Under section 145 of the Indian Railways Act, all Govern-
ment Railway Police officers Avho have been so empowered in writ-
ing by the Agent or Manager of the Railway are authorized, to
conduct the prosecution of railway cases.
Under this authority a Railway Police officer may prosecute,
notwithstanding that he has taken part in the investigation of the
offence under trial.
The Railway Police staff will ordinarily prosecute in railway
cases but, if they ask for the assistance of the district prosecuting
staff, the District Magistrate shall, if possible, comply with the
request.
Prosecution of
gang cases.
Conspiracy
cases.
Government
Pleader bound
to advise gratis,
Duty of Super-
intendent of
Police in the
prosecution
of cases.
Distribution
of cases
amongst
Magistrates.
Prosecution
of railway
cases.
9
40
Appeals to
High Court
and to
Sessions.
Daily Report. 40. (a) A daily report in P. E. B. Form No. 217 shall be
submitted to the Superintendent of Police by the prosecuting- officer.
This will include Sessions cases. The Superintendent shall submit
it to the District Magistrate.
(5) When the Circle Inspector is at headquarters the report shall
be sent to the Superintendent of Police through him; otherwise it
shall be sent direct. • (Vide rule 56, Volume II.)*
41. When an appeal is preferred to the High Court against the
orders of a Sessions Judge in a serious case, such as dacoity, mur-
der, drugging, etc., the Superintendent of Police shall bring the
fact to the notice of the District Magistrate, and request him to
move the Legal Remembrancer to support .the conviction in the
High Court, setting forth the special grounds that made such a
course desirable. He shall also consider, in consultation with the
Magistrate, the propriety of deputing the investigating officer or
the Public Prosecutor personally to instruct the Counsel represent-
ing the Crown in the High Court. Unless otherwise instructed by
the Magistrate, the Public Prosecutor is required to appear in all
appeals before the Sessions Judge in which the appellant is repre-
sented by a pleader or counsel. The Superintendent of Police shall
bring to the notice of the Magistrate any other cases in which he
considers it desirable that the Crown should be represented. Such
cases include those in which police officers have been convicted of
malpractices either cognizable or non-cognizable. He shall also
report for the orders of the Magistrate any case in which the Pub-
lic Prosecutor fails to appear though required to do so by rule or
specific instructions, or in which he considers that the conviction
has not been supported properly.
Instructing the 42. (a) In Sessions cases, when the reasons for commitment
Government are not fully and clearly stated, the Magistrate of the district or
Pleader in of the subdivision shall cause to be drawn up, for the guidance of
Sessions cases, {.he Government Pleader or other officer appointed to conduct the
prosecution, a special memorandum containing a concise history
of the case, and of the specific facts to which each witness will
speak.
(b) This memorandum, together with the case diaries, copies
of the depositions and copies of the exhibits, etc., and the state-
ment of the reasons for commitment, shall be made over to the
Government Pleader at least seven days before the day appointed for
the trial, and shall be returned at the close of the trial with such
remarks as the prosecuting officer may wish to offer. The memo-
randum and case diaries shall be treated by the Government Pleader
or other officer as confidential communications.
(c) The Superintendent shall frequently, in personal interview,
satisfy himself that the Government Pleader receives all the aid
that he needs to enable him to prosecute successfully. If the Gov-
ernment Pleader requires the presence of particular officers acquaint-
ed with the facts of the case, these officers shall be brought in.
The Government Pleader shall be acquainted with the facts
of the case in good time, so that if further evidence
in his opinion is required upon any particular points, a refer-
ence may be made to the Magistrate with a view to its being
obtained before the case comes on for trial.
(d) In all oases committed to the Sessions, whether from the
sadar or outlying subdivisions, the Court Inspector shall ascertain,
by personal communication with the Government Pleader, whH her
10
48
the brief furnished him by the Magistrate is complete in all details,
and, if not, he shall supplement it with any information that may
be required.
43. District Magistrates shall give immediate notice to the
Superintendent of Police of all appeals .preferred by Government and
all applications for revision of sentence in which the High Court
issues a rule or when an explanation is called for by the Court of
Sessions, and act in concert with him in such cases.
44. Under section 437, Criminal Procedure Code, the District
Magistrate has authority to direct further enquiry into the case of
any accused person who has been improperly discharged. In a case
of acquittal where there has been miscarriage of justice of a grave
nature, the Local Government will have to be moved to direct the
Public Prosecutor to present an appeal to the High Court against
the order of acquittal under section 417, Criminal Procedure Code.
Where the Superintendent of Police thinks that an appeal against
an acquittal is necessary in the interests of justice and would be
successful, he should promptly send the District Magistrate a full
note on the case to enable that officer to decide whether he will
address the Government or not. The Superintendent of Police
should also report all strikingly inadequate punishments at once to
the District Magistrate.
A further enquiry cannot be ordered in the case of a person who
has been proceeded against under section 110, Criminal Procedure
Code, and discharged.
45. Asa general rule, Government Pleaders shall refer to Disr
trict Magistrates before exercising the po\ver to withdraw from
prosecutions, which is conferred upon them by section 494 of the
Code of Criminal Procedure, and the District Magistrate shall con-
sult the Superintendent of Police before agreeing to the withdrawal
of cases committed to the Sessions.
46. Although any police officer conducting a prosecution with
the permission of a Magistrate is authorised by section 495 (2),
Criminal Procedure Code, to withdraw from the prosecution of any
case in Magistrates' courts, he should not do so without the orders
of the Superintendent of Police.
///. — Instructions regarding Evidence.
47. The following rule has been framed by the High Court : —
"The police officer attached to the court, or some other responsible officer
of the court specially appointed to the duty, shall be reqiiired to make over
to the bench clerk, not later than 12-30 P.M., or, if early morning sittings
are being held, not later than 7-30 A.M. a list' (in Form No. M-41), verified,
dated and initialled by him, of the witnesses who, up to 12 noon, or, if early
moming sittings are being held, up to 7 A.M., are in attendance for examina-
tion. The bench clerk will enter in the register of attendance of witnesses
the names of the witnesses entered in the list, and also of those who, though
not so entered, are actually examined. The omission of the name of a
witness from the list shall be no bar to such witness being examined, if pre-
sented for examination ; but no cost shall be allowed to any witness on account
of 'his expenses for the day's attendance if he is neither entered in the list,
nor actually examined."
NOTE. — This rule in no way affects the obligation on the part of witnesses to
attend punctually at the time for which they are summoned. (High Court's Circular
order No. 5 of 1905.)
48. The travelling expenses of complainants and witnesses
attending court in railway or district police cases are payable by
the criminal courts in accordance with rules framed under section
544, Criminal Procedure Code.
11
Appeals by
Government.
Appeals
against
acquittal and
application
for further
enquiry.
Withdrawal of
Sessions cases.
Withdrawal of
cases before
Magistrate.
Attendance of
witnesses.
Expenses of
complainant
and witnesses
attending
Court.
49
Certificate of
attendance for
Government
servant.
Production of
diaries.
Custody of
'case diaries
and other
police papers,
Statement of
witnesses
under section
161, Criminal
Procedure
Code.
Interviewing
convicts.
49. When the complainant or a witness in a case is a Govern-
ment servant and no expenses are paid to him by the court, the pro-
secuting officer shall see that a certificate of attendance is given him
by the court to enable him to draw his travelling- expenses. (See
rule 271, Volume II.)
50. (a) Every page of the case diaries and any connected
papers received with them shall be stamped with the date imme-
diately on receipt in the court office. The ease diaries may be sent
for and referred to by any criminal court; but the accused and his
agent are not entitled to call for or to see them unless the police
officer uses them to refresh his memory, or the court uses them to
contradict the witness.
(5) Care shall be taken that case diaries called for by the court
under section 172, Criminal Procedure Code, but not put in as evi-
dence, are not attached to the record, and that they are returned
by the court as soon as done with. Mutatis mutandis, the same
instructions shall apply to any reports of a confidential nature, not
admitted in evidence, the publication of which is obviously undesir-
able.
51. (a) All case diaries, including statements recorded under
section 161, Criminal Procedure Code, and any oilier papers con-
nected with cases, shall invariably be regarded as confidential and
kept under lock and key in a secure box or locked almirah until
the case to which they relate is finally disposed of by the orders
of the Magistrate or the Judge, and an appeal, if preferred, has
been decided, or the period allowed for appeal has expired. Each
prosecuting officer shall, for this purpose, be supplied with a box
or almirah with a good lock. No head constable, constable or out-
sider shall be allowed to see the case diaries unless duly authorized
by the Superintendent of Police. All covers containing case diaries
shall be superscribed with the words "case diaries" and shall be
opened only by the Court Sub-Inspector or Court Inspector or any
person specially authorized by him or his superior officers in writ-
ing. For further rules regarding the treatment of cast1 diaries in
police-stations and Superintendents' offices, see rules contained in
Volumes II and V of these Regulations.
(5) No copies of such papers may be given without the order of
the Superintendent of Police or Magistrate.
52. Statements of witnesses recorded by the police under sec-
tion 161, Criminal Procedure Code, shall be kept distinct from the
case diary and an y other police papers of the case. The date of
receipt in the court office shall be stamped on every page immediate-
ly on receipt, and they shall be kept in secure custody unless their
production is required by a court competent to demand them. Thus
when any court sends for the police diaries, only the diary recorded
under section 172 shall be sent, and not the statements of witnesses
recorded under section 161 unless the production of the latter is
required by a court legally competent to demand it. For rules of
evidence applicable, see rule 135, Volume V, of these Regulations.
All Court officers shall commit to memory the instructions contained
in that rule regarding case diaries recorded under section 172, and
statements of witnesses recorded under section 161, Criminal Pro-
cedure Code.
53. With reference to the instructions given in rule 106, Vol-
ume V, of 'these Regulations, it is most important that the Court
12
60
officer should at once report to the Superintendent of polibe when
he thinks a convicted prisoner can be interviewed with advantage.
54. Every confession which a person in police custody wishes
to make should be recorded by the highest Magistrate, short of the
District Magistrate, who can be reached in a reasonable time.
55. Upon receipt in the court office of the list of property found
on a search made under section 103 or 165, Criminal Procedure
Code, the date of receipt shall at once be xstamped on it.
The police have no power under the law to compel the atten-
dance in court of witnesses to a search, but if any court appears to
entertain doubts regarding the identity of the articles given in the
list of properties, the prosecuting officer shall request the court to
summon the witnesses to the search.
56. Approvers in important cases should have their photo-
graphs and finger-prints (three sets) taken without delay. There
have been many cases of approvers absconding at important stages
of an investigation or trial.
57. Instructions for the guidance of police officers in sending
documents for examination by the Government Expert in Hand-
writing and requiring his attendance in law courts are laid down
in Appendix XXII.
58. (a) Any weapons, ammunition, etc., about which Super-
intendents may wish for an expert opinion shall be sent to the
Deputy Inspector-General, Crime, Railways and Rivers, who shall
arrange to have them examined by the Small Arms Factory at
Ichapur, or other expert. Such expert examination is particularly
Araluable in the case of heinous offences in which firearms and ammu-
nition are used. For example, an expert can sometimes detect the
numbering on a weapon which an amateur is unable to discover.
(V) Before sending exhibits for examination, Superintendents
shall obtain permission in writing from the Magistrate dealing with
the case. This permission shall cover not only the examination of
the articles, but their being taken to pieces, if necessary, for the
purpose of examination.
(c) Before despatching exhibits for examination, a careful note
shall be made of their description and condition, and of every mark
by which they can be identified. The articles shall then be care-
fully parked, sealed and despatched by special messenger or by
registered parcel post. A list of contents shall accompany each
package.
59. Finger-print experts employed in districts shall not be
deputed to give evidence in cases, civil or criminal, other than those
in which the identity of under-trial prisoners, traced by the Finger-
print Bureau, is to be proved by a comparison of their finger-
impressions with those on record in the Bureau.
60. (a) A register of unidentified persons sent up by the police
in P. R. B. Form No. 182 shall be kept up at each subdivision by
the Court officer. (For definition of "unidentified," see rule 61
below.)
(b) When an unidentified person is in custody of the police,
details concerning him shall be entered in the register by the Court
officer. The entries in this register shall be made as soon as the
unidentified person is produced in court, and his finger-impressions
have been taken by the Court officer.
(c) The names of unidentified persons sent up by the Railway
Police shall be entered in the register of unidentified persons by
13
Recording of
confessions.
Witnesses to
house-search.
Finger-prints
and photo-
graphs of
approvers.
Despatch of
manuscripts to
the Handwriting
Expert.
Despatch of
arms,
ammunition
and weapons
for expert
examination.
Evidence of
finger-print
experts in
districts,
Register of
unidentified
persons.
61
Persons whose
finger-prints
are to be
taken for
search.
Definition of
"unidentified."
Submission of
finger-prints
of unidentified
dead bodies
for search.
the Court officers attached to the courts in which such persons are
tried, and the words "Railway Police" noted in the remarks
column of the register.
(d) A register of unidentified persons sent up by the Railway
Police shall also be kept for the entire length of the railway in the
Superintendent's charge at the railway headquarters. A clerk in
the Railway Police o'ifice shall keep the register, and District Court
officers shall submit, along with concise memos, an abstract from
their unidentified registers from which the railway headquarters
register shall be written up.
(e) Subdivisional Court officers shall at once despatch a copy of
every entry made in their subdivisional registers to the Sadar Court
officer, who shall enter it in the Sadar Court Register. After the
disposal of the case, the Subdivisional Court officer shall send copies
of the entries in the remaining columns of the form which could
not be previouslv filled up, for entry in the Sadar Court Register.
(Government Order No. 360 P.— Dj dated the 29th April 1913.)
(/) When a person is identified as a registered member of a
Criminal Tribe or a member of a Criminal Tribe who has escaped
registration, the fact should be noted in column 7, and in column
10 should be noted the action taken against him under the Criminal
Tribes Act.
61. (a} The finger-prints of all unidentified persons who are
arrested as suspects or are under trial on a criminal charge shall be
taken by the Court officer and submitted to the Finger-print Bureau,
Calcutta, for search. For this purpose every person in custody,
whose residence and antecedents have not been fully ascertained
during police investigation, will be considered to be " unidentified."
(b) Where the identity of a corpse, or of a person killed b}'
accident or who met with death iinder suspicious circumstances or
in the act of committing dakaities, burglaries or other offences
has not been fully ascertained by ordinary inquiries, their finger-
prints should be taken on finger-print slip forms and sent to the
Bureau for search.
Ordinarily there is not much difficulty in taking impressions
from the fingers of a corpse, but it sometimes happens that the
skin of the fingers is so contracted and Avrinkled that decipherable
prints cannot be obtained. In such cases the Medical officer hold-
ing the post-mortem should be asked to remove the skin from the
fingers. The pieces of skin from the ten digits should then be
carefully enclosed in separately numbered envelopes and sent to
the Bureau for examination.
The finger-prints of unidentified bodies should invariably be
taken under the supervision of an officer not below the rank of a
Sub-Inspector. Finger-prints of all digits must be taken, even if
it is necessary to remove the skin of the fingers ; and the supervis-
ing officer wrill certify by his signature on the search slip that the
impressions have been correctly, taken in his presence. The super-
vising" officer will further note in the remarks column of the search
slip the condition of the body, whether in an advanced stage of
decomposition or otherwise.
(c) Except in cases tried at the Sealdah Police Court, the finger-
print slips of under-trial prisoners sent up by the Railway Police
shall be prepared and submitted for search by the Court officers
attached to the courts to which the prisoners are sent up for trial.
14
64
(d] The transmission of finger-impressions of unidentified pris-
oners does not dispense with the necessity of the local enquiry as
to the identity of prisoners ordered in rules 81 and 82.
62. The finger-print slips of the following persons will also be Slips to be
sent direct to the Central Finger-print Bureau, Simla (see. rules sent to
65 and 66, Volume VI, for address) for search : —
Central
Bureau.
(a) all persons whose operations are known to extend beyond
the limits of the province of arrest, including mem-
bers of criminal tribes and wanderers;
(b) all persons who are not residents of the province of arrest,
or who, though themselves residents, are not natives
of that province and are thus likely to have relations
with criminals in other provinces ;
(e) all persons charged with —
(1) theft of arms or ammunition ;
(2) serious offences against the coinage in circumstances
which render it likely that they are professional
coiners ;
(3) counterfeiting currency notes, bank notes, or Gov-
ernment promissory notes or offences connected
therewith ;
(4) poisoning of a professional type ;
(d) all persons, with whatever offences charged, who are
known or believed to be connected with orgauizecl
gangs in other provinces.
63. (a) In addition to the above, when an unidentified person Slips to be
is, or is reasonably suspected to be, a resident of another province, sent to
a copy of his finger-print slip will also be sent direct to the Finger- bureaux of
print Bureau of that province for search (see rule 66, Volume VI, other
for address). provinces.
(b) Finger-print slips of persons believed to be Bhamptas shall
be sent to the Bombay Bureau for search.
(c) Finger-print slips of men arrested in districts on the borders
of other provinces, whose identity is doubtful, shall be sent for
search to the Finger-print Bureau of the neighbouring province,
as well as to Calcutta.
64. (a) The finger-print slip of an under-trial prisoner should Search slip
be despatched for search with a search slip (P. R. B. Form No. to be attached
18:5) attached. The portion of this form to be filled in by the Court to finger.
officer is noted on the form. The certificate on the search slip as Print slip.
to the despatch of a verification-roll to the native district of the
suspect or under-trial prisoner and the names of the bureaux, to
which copies of the finger-print slip have been sent for search, should
be carefully filled in.
(b) When finger-impressions of an under-trial prisoner are sent
to a bureau for search, the trial shall not be delayed, but, where
necessary, an application shall be made before the charge is framed
against the accused, for the remand of the case, pending reply from
the bureau or bureaux.
(c) Slips for despatch by post shall be folded along the red lines
only.
15
65
Method of
proving
previous
convictions
in traced
cases.
Proof of last
conviction
will generally
suffice.
Method of
proving
identity of
accused.
65. (a) If, on the return of the search slip from the Finger-
print Bureau, it is found that previous convictions have been traced
against the accused, steps will be taken to prove them, when noces-
sary, under section 511, Criminal Procedure Code.
(b) In the case of a person who has been previously convicted
more than once, it will generally suffice to prove the last conviction
only, provided that the former convictions were proved in thai
case and are mentioned in the judgment.
66. The identity of the accused should ordinarily be proved by
the evidence of a police officer who is cognizant of the previous con-
viction, or by a jail officer who can recognize the accused a^ the
prisoner who underwent the previous sentence of imprisonment ;
but if such witnesses cannot be obtained, identity may be proved
under sections 45 and 7'J of the Indian Evidence Act (I of 1872),
as amended by Act V of 1899, by means of expert evidence, for
which purpose the record slip must be obtained from the bureau
by which the accused was traced and the services of an "expert"
requisitioned from the Provincial Bureau (see rule 48, Volume VI).
Charge sheets
and first
information
reports.
Concise
memorandum.
Prtcis to be
prepared of
false cases.
IV. — Instructions regarding certain police papers and records.
• 67. As soon as first information reports, charge sheets, etc.,
come in, they shall be laid, at headquarters before the District
Magistrate or Magistrate in charge of police cases, and at sub-
divisions before the Subdi visional Officer.
NOTE. — For authority of District Magistrate to place Magistrate of first or second
class in charge of the headquarters division during their absence from headquarters.
see Government notification, dated llth February 1873, Calcutta Gazette, Part I, page
236.
For powers of Magistrate left in such charge, see Government notification, dated
7th December 1871, Calcutta Gazette, Part I, page 2080.
68. («) On receipt of a charge sheet, the Court officer shall
submit, through the Circle Inspector when that officer is at head-
quarters, to the Superintendent of Police, District or Railway, a
concise memorandum in P. R. B. Form No. 184, showing the date
fixed for trial, the main features of the case, the points to be proved,
the evidence to prove them, and the name of the officer who will
prosecute or watch the case.
(b) If the case is to be prosecuted by a junior Sub-Inspector,
the Court Inspector or Sub-Inspector, after preparation of the con-
cise memorandum, shall make over the charge sheet, case diaries and
other connected papers to him, with such instructions as may be
necessary to enable him to prosecute the case.
69. In every case found to be false, the Court officer shall pre-
pare a brief precis of the facts of the case and a list of witnesses
who will prove the case false, with a short statement of the facts
which each will prove and a note of any further evidence which
may be procurable. This information can be obtained from the
diaries of the investigating officer, and, if the case has been tried
by a Magistrate, from the deposition of the witnesses in the court.
The papers shall be submitted through the Circle Inspector and
Superintendent of Police to the Magistrate who dealt with the ori-
ginal case for the record of his opinion whether a prosecution should
16
73
be instituted or not, and then sent to the District Magistrate for
orders. The Superintendent of Police shall see that the precis is
well and intelligently prepared and shall do his best to ensure that
every case" in which there is sufficient evidence to justify a prosecu-
tion is taken into court. If the information given in the case diary
is not sufficient, further enquiry should be ordered.
70. The Superintendent of Police shall obtain copies of judg- Judgments in
ments in gang cases and send them to the Criminal Investigation gang cases to
Department as soon as possible after their delivery. be sent to
Criminal
Investigation
Department.
71. (a) As soon as the police papers of a case are laid on the Court officer's
trying Magistrate's table, the Court officer's responsibility with connecl
regard to them ceases. He should, therefore, take care, whenever Wl
necessary, to make copies of such papers as are likely to be filed
with the judicial proceedings previous to their being put in. He
has no concern with the custody of the judicial records of cases
or with the record office. He is on no account to retain in his pos-
session the records of a case under trial unless otherwise ordered in
writing by the trying Magistrate. If he subsequently requires a
copy of any portion of the record, he should make an application
to the trying Magistrate and ask to be allowed to take the copy in
the presence of a responsible official of the court.
(b) The Court officer shall be permitted to have the register of
cases in which no first information is recorded (kept by the Magis- *
trate's anila) for a short time every day, together with a note of
the cases decided since the previous day, for the purpose of writing
up the khatian.
V. — Bail and Recognizance.
72. («) The Court officer shall draw out bail and recognizance Bail and
bonds and get them duly executed. recognizance
(b)' Witnesses, parties to cases, and sureties having to execute bonds.
bonds, shall be taken to the Court officer's office, after the Magis-
trate's orders are passed to have bonds properly drawn out and
executed.
(c) Court officers shall make careful inquiries into the position
in life of proposed sureties ; and if there is any objection to their
being accepted, shall report it at once to the Magistrate concerned.
If any person who offers himself as a surety habitually makes
a business of standing security, the fact should be brought to the
notice of the Magistrate.
(d) When money is put down by a party as security under sec- Money
tion 513, Criminal Procedure Code, the Court officer shall deposit security.
it promptly in the treasury for safe custody.
(e) Court officers shall obtain receipts in the peon book for the
bail and recognizance bonds made over to the Magistrate's amla
to be filed with the records.
73. (a) In proceedings under sections 109 and 110, Criminal Sureties in
Procedure Code, the prosecuting officer shall apply to the court, as bad-livelihood
soon as the order to give security is passed, not to accept the sure- cases.
ties offered without first affording him an opportunity of objecting,
if necessary, to any of such sureties, and of producing evidence, if
required, in support of the objection.
17
74
(b) The fitness or unfitness of a surety is a matter for the Magis-
trate's discretion, and such discretion is not limited to any particular
kind of unfitness. For instance, pecuniary unfitness is not the only
kind of unfitness which the Magistrate is entitled to take into con-
sideration.
VI. — Absconders, Warrants and other Processes.
Warrants 74. On receipt of a charge sheet containing the names of abs-
against conders, Court officers shall at once apply formally and, if neces-
absconderi. sary, in writing, to the Magistrate trying the case, for the issue
of warrants against all absconders named in the charge sheet. If
the Magistrate refuses to issue the warrants against all the abscon-
ders named without giving reasons for his action, or postpones the
issue of warrants, or declines to pass orders, the Court officer shall
ask the Superintendent to move the District or Subdivisional Magis-
trate to withdraw the case under section 528, Criminal Procedure
Code, to his own file and then to issue warrants for the arrest of
the absconding accused. It should be observed that a Magistrate
cannot decline to issue a warrant until the case against the other
accused persons has been tried, or until disposal of appeal.
Rules regard- 75. (a) In issuing warrants, Magistrates shall fix a date on
ing warrants. which the police shall return the warrant or report that it has not
been executed. The date of this report shall be fixed so as to allow
the mufassal police a reasonable time for proper action in obedience
'to the warrant.
(b) If after due efforts made, the warrant cannot be executed,
the fact of and the reason for such failure shall be reported in time
to reach the court without fail not later than the morning of the
date fixed, the report being submitted in P. R. B. Form No. 185.
(c) Warrants of arrest shall iisually be directed to the police for
execution, but in cases of urgency may be directed to court peons.
(d) Under section 77 of the Criminal Procedure Code, when
issuing a warrant to a police officer, the court may address him
either by name or by the title of his office. Under section 79,
all subsequent endorsements shall be by name and designation. A
warrant intended to be executed by the police, therefore, shall be
addressed not to the court officer, but to the "officer in charge"
of a police-station.
(e) The Court officer shall despatch warrants to officers in charge
of police-stations. He shall scrutinize all warrants received by
him for despatch, and bring to the notice of the presiding Magis-
trate any case in which the process is unsuitably directed.
(/") Warrants shall be sent direct to the police-stations, except
when a special officer is necessary for the duty to be performed. In
such cases the Court officer shall take the orders of the Superinten-
dent or Circle Inspector, or in their absence the Magistrate of the
district or Subdivisional Magistrate. Warrants so served, when
executed, shall be returned to the Court officer direct.
Proclamation. 76, (a) Three copies of a proclamation under section 87, Cri-
minal Procedure Code, shall be obtained from the Magistrate's
office — one for the court office, one for the police-station, and the
third for the abscouder's village.
(b) Police officers shall strictly comply with the provisions of
section 87, Criminal Procedure Code, relative to the publication of
the proclamation. The Court officer shall affix the copy for the
18
80
court-house in the presence of witnesses, and submit a report to
this effect. The station officer shall have the copy for the abscon-
der's village duly read out in a conspicuous part of the village, post
it up at the ordinary place of abode of the absconder in the presence
of some of the principal residents, and submit a report that this
has been done, giving the names of the witnesses. (Vide Volume V.)
(c) On receipt of the report, if everything is correct, the Court-
officer shall move the Magistrate to record a proceeding, stating
that the proclamation was duly made, and declaring the date on
Avhicb it was made. The term of 30 days (vide section 87, Criminal
Procedure Code), shall run from the date so declared.
(d) Court officers shall report to the Superintendent of Police all
persons proclaimed.
(e) After the proclamation against an absconder has been pub-
lished, the Magistrate shall be immediately solicited to issue order
for attachment of his property under section 88, Criminal Procedure
Code.
77. Property of absconding accused persons, other than land
paying revenue to Government which is ordered to be attached,
shall be specified in the warrant of attachment. Court officers,
therefore, shall prepare and submit a list of property to be attached,
when applying for orders under section 88, Criminal Procedure
Code. When it is found that no property is specified in a warrant,
the Court officer shall bring the omission to the notice of the court.
78. If the accused does not appear within the time specified
in the proclamation, the Magistrate shall be requested to record*
a formal proceeding declaring the property attached to be at the
disposal of Government. There is, however, no objection to the
proclamation and attachment being issued simultaneously.
79. If all measures provided by law to compel the appearance
of the absconding accused wholly fail, the police shall in important
cases apply to the Magistrate to record evidence of the prosecutor
and witnesses under section 512, Criminal Procedure Code.
The various steps taken from time to time to cause the appear-
ance of absconders shall be briefly noted in the Magistrate's general
register of cases.
80. (a) In the case of persons who have absconded into foreign
territory, the District Magistrate should be moved to take action
under the Extradition Treaty if there be one.
(b) The Commissioner of the Rajshahi Division exercises the
powers of a Political Agent for the State of Cooch Behar for the
purposes of the provisions of the Indian Extradition Act, XV of
1903. Applications for the extradition of offenders from Cooch
Behar should be made to him.
(c) A memorandum regarding the procedure in extradition cases
and cases under the Fugitive Offenders Act (44 and 45 Viet., Cap.
69) Avas published under Government of India, Home Department,
Notification No. 942, dated the 10th July 1890. Eules under the
Indian Extradition Act, XV of 1903, have been framed by the
Government of India, Foreign Department, and published in the
Gazette of India under Notification No. 1862-1. A., dated the 13th
January 1904.
(d) In the event of an accused person escaping into Cooch Behar,
Hill Tinpera. Bhutan or Sikhim, the District Magistrate may be
moved to ask the Political Agent to cause a warrant for the arrest
of the absconder to be executed by the authorities of the State.
19
Attachment
of property.
Form of
attachment
order.
Confiscation
of property of
proclaimed
offenders.
Evidence under
section 512,
Criminal
Procedure
Code.
Extradition.
81
Previous
offence
suspected.
Despatch of
verification
rolls.
Action to be
taken by Court
officer on
receipt of
verification
roll.
(e) For procedure to he followed in obtaining the arrest of an
offender who has escaped to the United Kingdom, a colony, or
some other British Possession, see Appendix XXIII.
81. (a) Whenever there is good reason to suspect that a per-
son accused of an offence under Chapter XII or XVII, Indian
Penal Code, for which, on reconviction, an enhanced punishment
may be awarded under section 75, Indian Penal Code, has been
previously convicted, or when the name, residence and antecedents
of a person so accused are unverified, an application for remand
shall be made in P. R. B. Form No. 186 by the prosecuting officer
pending the result of the inquiry into the prisoner's antecedents.
This application will remain with the record.
(b) If a remand is not granted, an immediate report shall be
made to the Superintendent of Police, who, if the reasons appear
insufficient, shall report the matter to the Magistrate of the dis-
trict.
82. (a) The Court officer shall despatch to ihe Court officer
of any district in which the house of the accused is believed to be
situated, or in which he is believed to have been convicted or where
his antecedents are likely to be known, a verification statement
in P. R. B. Form No. 187. This application shall be signed
by the Court officer and be despatched direct to the Court officer
concerned. The detachable foil of the form headed "Notice of
application for verification of antecedents of under-trial prisoners
within the province" shall at the same time be sent to the Super-
intendent of Police concerned, for information and necessary action.
When, however, the Court officer from whom the information is
required belongs to another province, the application shall be sent
through the Superintendent of Police to whom the officer requiring
the information is subordinate, and in such cases the detachable
foil shall not be sent.
(b) Inquiries regarding persons previously convicted in Cal-
cutta shall be addressed by Court officers to the Chief Court Officer,
Presidency Police Court, Calcutta. Those regarding persons con-
victed in cases disposed of at the Sealdah and Alipur Suburban
Police Courts shall be addressed to the Sadar Court Inspector of
the 24-Parganas, Alipur. Communications regarding the antece-
dents of residents of the Orissa Tributary Mahals or Native States
shall be addressed to the Political Agent to the Orissa Tributary
Mahals, Sambalpur, Orissa, and not to the Superintendent of Police,
Cuttack.
83. On receipt of the verification application, which shall be
sent in a cover with the words " Verification application " pro-
minently marked in red ink, the Court officer to whom it is addressed
shall at once consult his indices to the conviction register, shall
record in the application the result of his search, and shall return
the application direct to the officer from whom he received it, by
return of post if possible. Under no circumstances shall it be
detained for more than four days. If the search has proved in-
effectual, but there are grounds for making a reference to police-
station registers, the Court officer shall make the reference, return-
ing at the same time the verification statement with a note on it
that he has done so, and giving his reasons for considering a refer-
ence to police-station registers necessary. To facilitate searches,
Court officers are directed to keep their indices to the conviction
register corrected up to date.
20
89
84. (a) The service of criminal processes in all districts, with Service of
the exception of those mentioned in clause (?>) of this rule, shall warrants
be supervised by the Collectorate Nazir. and other
(b) Ordinarily warrants of arrest, fine warrants, orders issued processes.
under sections 87 and 88, Code of Criminal Procedure, and search-
warrants, shall be executed by the police in both cognizable and
non-cognizable cases, and shall be entered in the register of pro-
cesses served by the police (P. R. B. Form No. 188). The fine
warrants shall be shown in a separate section of this register, so as
to secure a separate consecutive number for such entries.
(c) Processes shall have an annual serial number. Unexecuted
processes shall be brought forward in red ink in April and October
only, these red ink entries bearing their original annual serial num-
ber and year of issue.
(//) Whenever a summons to appear as a witness in a criminal Summons
case is issued against an officer of police, it shall be served upon such against a
officer through the Superintendent of the district or the police otficer Police officer.
in charge of the subdivision to which such officer may belong.
NOTE.— The High Court has intimated that upon a proper application being made
in each case to the Judge exercising the original criminal jurisdiction of the court,
the convenience of public officers summoned as witnesses in cases before the High
Court from the mufassal shall always be duly considered. Whenever a public officei
is summoned as a witness before the High Court, the Legal Remembrancer should be
informed and asked to see that the witness is not unnecessarily detained.
85. At the commencement of each month a list in P. R. B. Form
No. 189, showing warrants pending for more than a calendar month,
shall be forwarded monthly from the sadar and subdivisional courts
to the office of the Superintendent of Police.
86. A summons on a railway servant shall be served through
the head of his department. A warrant issued against a railway
servant shall be entrusted to some police officer of a superior grade,
who shall, unless immediate execution is necessary, communicate
with the railway police, and if he finds, on proceeding to execute
the warrant, that the immediate arrest of the railway servant would
occasion risk and inconvenience, make all arrangements necessary
to prevent escape, and apply to the proper quarter to have the ac-
cused relieved, deferring arrest till he is relieved.
87. When an absconded offender appears in court, or is arrested
by parties other than the police of the police-station to which the
warrant was sent in the first instance, or when a warrant is can-
celled under section 75, Criminal Procedure Code, the Court officer
shall send information to the police-station and ask for the return
of the warrant.
88. Witnesses brought up under arrest shall be dealt with, not
as criminals but simply as persons arrested on civil process.
Monthly return
of unexecuted
.warrants.
Summons and
warrants
against
railway
servants.
Return of
warrant
against
absconder.
Witnesses
arrested on
warrant.
VII. — Custody and production of Prisoners.
89. (a) A Hajat Register in P. R. B. Form No. 190 shall be Ba3at
kept in each court office.
(&) The court police shall escort offenders under trial from the Custody,
jail or lock-up to the Magistrate's court, and guard them while escort and
there. When there is a reasonable expectation that under-trial i"8'638* of
prisoners will use violence, or that an attempt will be made to res- P1"1
cue them, handcuffs may be used, but not otherwise.
21
90
Search of
prisoners on
arrival.
Second search
of prisoners
before enter-
ing court.
Desperate
characters.
Children of
female
convicts sent
to jail.
(c) They shall also return to the jail, under safe escort, prison-
ers sentenced to imprisonment or remanded to Hajat by the Magis-
trate.
(d) Prisoners discharged or acquitted shall be released in open
court by order of the Magistrate ; prisoners remanded or convicted
shall be sent to jail with their appropriate warrants ; and prisoners
enlarged on bail or on their own recognizances, if present in court,
shall be released there, the Court officer obtaining the Magistrate's
initials opposite their names in the Hajat Register in attestation
of the release.*
(e) Whenever the trial of a prisoner, who is detained pending
the result of such trial, shall be adjourned for any reason, a day
shall be fixed by the Magistrate for the re-hearing of the case, and
it shall be the duty of the Court officer to ensure the punctual atten-
dance of the prisoner on the day fixed.
(/) The names of all the prisoners to be produced each day before
the Magistrate shall be entered in the Hajat Register by the Court
officer. The jailor shall make over the prisoners with their warrants
to the Court officer's guard for production before the Magistrate.
NOTE. — For orders regarding duties of police to guard and escort under-trial pri-
soners in camp with Subdivisional Magistrates, see rules 372 and 388 of Volume III.
90. (a) The officer in charge of the Hajat Register shall receive
such prisoners, as well as prisoners sent up from stations, or received
from courts of Magistrates or Sessions Judges on conviction or com-
mitment to Hajat, or for release on bail, and shall at once enter their
names in the register. He shall forthwith search all
the male prisoners and have the female prisoners searched
by a woman approved of by the Magistrate, and take
possession of all properties and offensive weapons found on
them. These and the properties and weapons sent by the station
police, with the prisoners in charge of their escort, shall be taken
charge of and entered in the Malkhana Register by the officer
answerable for the Malkhana. The woman making a search under
this rule shall get a small fee for the same, say, of 4 annas per
head, the charges being debited to the Magistrate's grant for con-
tingencies.
(I) Immediately before the trial of cases, and before the prisoner
put iuto the dock -i i n i 11 • • j i j j? ±u
or prisoners are brought illto court ;, it shall be the joint duty of the
prosecuting officer and the police escort, in whose custody the
prisoner or prisoners are, to make a further and thorough search,
and satisfy themselves that no offensive weapons are being carried
into court. Similar precautions shall be taken in the case of all
prisoners surrendering in court. It shall further be their duty to
see that no prisoners who wear slippers or shoes enter the precincts
of the court with them on.
91. The Court officer shall inform the jailor by means of a
separate report, for the information of the Jail Superintendent, when
any under-trial prisoner or convict sent to jail is a desperate charac-
ter, or when his offence is very heinous. Ordinarily this informa-
tion shall be obtained from the charge-sheet or chalan sent in by
the police with the prisoner (see rule 168, Volume V).
92. The children of fpmale convicts, who have not been weaned,
shall be admitted with their mothers. Children not exceeding two
years of age shall be admitted with their mothers, if after inquiry
it appears to the Magistrate that they cannot conveniently be made
22
98
over to the care of their relatives, and if no other suitable arrange-
ment can be made. Children, whether at the breast or not, exceed-
ing two years of age, shall on no account be admitted.
93. Prisoners shall be supplied with drinking water, when-
ever required, but no food shall be given to a prisoner without the
Magistrate's permission. All articles of food shall be carefully
examined before they are passed on to prisoners, and no article the
introduction of which into a prison is prohibited by any rule under
the Prisons Act shall be given to prisoners or allowed into the lock-
up (see rule 397, Volume III).
94. No prisoner shall be taken out of the lock-up, except with
the permission of the Court officer or, in his absence, the officer per-
forming his duties.
95. No individual shall have access to a prisoner whilst he is
in the precincts of the court awaiting his trial, without authoritative
permission. The presiding officer of the court may give such author-
ity in writing, and may require the person making the application
to do so in writing. In such case no court-fee shall be necessary.
Facilities shall be given to recognized practitioners for consulta-
tion with their clients, but care should be taken that unlicensed
practitioners or touts are entirely excluded.
(For the use of handcuffs, escort of under-trial prisoners, etc.,
see rule 89.)
96. The court police shall produce prisoners committed to the
Sessions and property connected with Sessions cases before
the Court of Sessions on the dates fixed for trial. Where*
the Sessions is not held in the district of commitment,
the prosecuting officer of the district of commitment shall
send all the property required to be produced before the court to
the prosecuting officer of the district where the trial is to be held,
and communicate to him the date fixed by the Judge for the trial
of each case. The latter officer shall be responsible for the produc-
tion of the prisoners and properties in such cases in the same \vay
as if they had been committed from his district. The Superin-
tendent of the committing district shall take steps to have the Gov-
ernment Pleader instructed.
97. Court officers shall arrange for the attendance of a police
officer at the Sessions Court, on the days fixed for the hearing of
appeals, or on receipt of information that the services of an officer
are required, for the purpose of escorting to the Magistrate any
accused person who has surrendered to his bail in the Appellate Court
and whose sentence has been confirmed or modified.
98. (a) In the case of confessing prisoners and persons made
witnesses under section 337, Criminal Procedure Code, and also in
cases in which it appears to the Magistrate that under-trial persons
should be segregated (vide rule 907 of the Jail Code), the Court
officer shall communicate the fact to the jail, in order that such
persons may be kept apart from other accused persons in the same
case.
(b) Superintendents of Police shall see that proper arrangements
are made for segregating approvers completely; and when this
appears impracticable in a sub-jail, to suggest to District Magis-
trates the desirability of keeping approvers in the headquarters
jail, whenever practicable, and of escorting them to the subdivision al
court on the dates on which they may be wanted.
23
Drinking water
and food.
Removal from
lock-up.
Interview
with under-
trial
prisoners in
court.
Production of
prisoners
before the
Sessions
Judge.
Police officer
to attend
Sessions
Courts
Segregation of
approvers,
confessing
prisoners
and others.
99
Malkhana
Register.
Court officer
to keep keys
of malkhanat*
Valuables to
be kept in
treasury.
Perishable
property.
List of
property on
person of
accused.
Inspection of
Malkhana
Register.
VIII. — Property.
99i («) The Court officer shall keep up a Malkhana Register
in P. E. B. Form No. 191.
(b) In this shall be entered stolen property sent up for identi-
fication ; property found on under-trial prisoners ; property, such as
weapons, etc., forwarded as exhibits in criminal trials; unclaimed
property taken possession of by the police under section 25 of Act
V of 1861; suspicious property sent in under section 523 of Act V
of 1898, and all other property which may be taken charge of by
the police and sent to court.
(0) When property is sent into the court, full information con-
cerning- it shall accompany it to enable the Court officer to fill in
the register.
(d) For the safe custody of such property, a secure room, to be
called the Malkhana, shall be provided. Its keys shall be kepi by
the Court officer, who is answerable that no one makes away vith
the property or tampers with exhibits in cases. In the room shall
be a strong box with a good lock for ornaments, money or docu-
. ments. Every article shall be neatly labelled to tally with the
number in the register.
(e) In cases where the property sent up is given back to the
owners, the order for return shall be written across the forms or in
the column of remarks, and the authority sanctioning it shall be
entered.^ The judicial officer ordering the disposal of the property
, shall initial his order. The receipt of the person receiving the
property shall be taken in the register.
(/") When property is no longer required by the courts, such
portion of it as consists of caslT, bullion, gold and silver ornaments,
or other valuable articles of small compass, shall be deposited in
the treasury, articles other than cash being kept in a separate small
box in charge of the treasurer.
(g) Orders shall be taken to convert perishable unclaimed pro-
perty into cash at the earliest date the law allows.
(h) A list of articles found on the person of an accused by the
police shall bo forwarded with the case diary or final report of the
case. Th£ articles shall be sent with the prisoner in charge of his
escort. Court officers shall report to the Superintendent of Police
any breach of this rule.
(«') Station officers shall grant receipts to prisoners from whom
they take property ; and Court officers shall see that prisoners hold
such receipts.
(j) An accused person shall be allowed to take only strictly neces-
sary clothing into the lock-up.
(k) On 1st January each year all outstanding items in the
Malkhana Register shall be brought forward in red ink.
(1) Arms, ammunition, etc., shall be entered separately in a
second part of the same register, or in a second volume.
(m) In the case of property which has been proclaimed under
section 523, Criminal Procedure Code, the date of expiry of the
period of proclamation shall be entered in the remarks column of the
register, so as to enable the Court officer to obtain orders regarding
the disposal of the property.
(n) The Court officer shall put up his Malkhana Register for a
thorough inspection once a month by the Superintendent of Police
or the Additional Superintendent of Police, at headquarters, and
24
101
by the Subdivisional Police Officer or Circle Inspector, as the case
may be, at each subdivisional headquarters. (Government Order
Nol 6878 P., dated the 13th August 1913.)
NOTE. — Court and other prosecuting officers should be directed to move Magistrates
and Sessions Judges ordering property to be confiscated, etc., to direct that inter-
esting exhibits, such as articles which indicate new methods of committing crime,
should be sent to the Deputy Inspector-General in charge of the Criminal Investiga-
tion Department for disposal.
100. When a case, in which any person is concerned, is dis-
posed of, the Magistrate's order as to the disposal of property found
on him shall be obtained. In case of imprisonment, the property
shall be sent to the jailor. 'If on conviction a fine is imposed and not
paid, a distress warrant shall immediately be obtained, and the
property found in possession of the party shall be attached and sold
in payment of the fine.
101. (tt) A weapon, the license of which has been cancelled,
sit all be deposited by its owner at the police-station within the juris-
diction of which he resides within 14 days of receipt of the Magis-
trate's order directing him to do so.
(b) Within 14 days from the date of deposit at the police-station,
the officer in charge shall forward the weapon to the Court officer
after filling up the duplicate and triplicate copies of P. R. B. Form
No. 193 (C).
(c) On receipt of the weapon in the court, the Court officer shall
endorse the duplicate copy of P. R. B. Form No. 193 (C) and
return it to the police-station to be filed. He shall then make the
necessary entries in the Arms Register of the malkhana [P. R. B. <
Form No. 192 (B)], and make over the triplicate form of P. R. B.
Form No. 193 (C) to the clerk in charge of licenses (with the license,
if received), after endorsing on it the date of deposit in the malkhana
and the number of the entry in the Arms Register of the malkhana
[P. R. B. Form No. 192 (B)}. The clerk in charge of licenses shall
enter the date of deposit and the number of the entry in the Arms
Register of the malkhana in his register of cancelled licenses, and
shall file the triplicate copy of P. R. B. Form No. 193 (C).
(d) The description of arms in malkhana registers must be full
and detailed, so that it may be impossible at any time for other
weapons to be substituted without detection. All names, numbers
and marks which the weapon may bear must be recorded in addition
to other full particulars, viz., whether rifle or smooth-bore, single
or double-barrel, muzzle or breech-loader, number of chambers in the
case of revolvers, number of cartridges that fit in the magazine in
the case of automatic weapons, etc.
The stock must also be verified item by item whenever the
malkhana is inspected, and the weapons should be so numbered and
arranged as to facilitate verification.
(e) Every officer on assuming charge of a coiirt office shall per-
sonally compare the arms in stock in the malkhana, item by item,
with their descriptions in the Arms Register of the malkhana, and
shall enter a certificate to this effect in the register in his own hand,
signed and dated.
(f) The Magistrate in charge of licenses shall inspect the court
malkhana twice a year and shall compare the arms in stock with
the Arms Register of the malkhana and with the register of can-
celled licenses.
(g) If a license, which has been cancelled, is subsequently
renewed, the Magistrate shall issue to the Court officer an order,
25
Property of
accused.
Rules for the
care, custody
and disposal
of weapons
deposited in
the malkhana.
'Malkhitna
Arms
Register.
Description
of arms.
1O2
over his own signature, to make over the weapon covered by it and
shall also send him the necessary license and the triplicate copy
of P. R. B. Form No. 193 (C) received from the police-station. He
. shall also inform the licensee that the license has been renewed. The
Court officer shall then despatch the weapon with the license and
the triplicate copy of P. R. B. Form No. 193 (C) to the officer
in charge of the police-station within the jurisdiction of which the
licensee lives, and make the necessary entry in the Arms Register
of the malkhana. The officer in charge of the police-station shall
acknowledge receipt of the weapon, the license and the triplicate
form of P. R. B. Form No. 193 (C), and shall enter the particulars
of the weapon in his register.
(h) The Court officer shall follow the procedure laid down in
clauses (?') and (j) below in the case of all confiscated and forfeited
weapons ; but, before doing so, he shall take the order of the Magis-
trate in charge of the working of the Arms Act, who shall, before
a weapon is despatched to the Ordnance Officer, or is destroyed, or
is transferred for the use of the Police or of any other department
of Government, satisfy himself that its number and description agree
with those given in the Arms Register of the malkkana. All wea-
pons deposited under section 16 of the Aims Act, however, shall be
kept in the malkhana for three years from the date of deposit before
they are so disposed of.
(«') Arms, ammunition and military stores, as defined in section
4 of the Indian Arms Act, 1878 (XI of 1878), which are confiscated
. or forfeited under any provisions of that Act or of any other enact-
ment for the time being in force, may, if they can be utilized by the
Police or any other department under the Government, be retained
and brought into use with the sanction of the Local Government.
(,;') If any such arms (single- and double-barrelled, smooth-bore
guns and old-fashioned pistols), ammunition or stores are not so
retained, they shall be destroyed locally in the presence of a gazetted
officer of an Imperial Service, whom the District Magistrate may
select for the purpose ; but all firearms of a dangerous character,
such as rifles, revolvers and automatic pistols, shall invariably be
sent to the Ordnance Officer, Fort William, Calcutta, between 1st
February and 15th March every year, to be broken up or otherwise
destroyed. The Commissioner of Police, Calcutta, shall depute a
responsible police officer to the arsenal to check and compare with
the invoice the number and description of such weapons made over
to the Ordnance Officer for destruction. (Bengal Government letter
No. 8458 P., dated the 25th September 1914.)
(k) Bayonets, swords, daggers, spears, spear-heads and bows
and arrows shall not be sent to the Ordnance Officer, but shall, if
possible, be sold to licensed dealers or other persons entitled to
possess such articles, or, if they cannot be so sold, shall be destroyed
locally. (Government Order No. 569 P., dated the 3rd February
1913.)
Despatch to "102. (a) When sending consignments to the arsenal, the Court
the arsenal. officer shall send delivery vouchers in duplicate in I. A. Form Z
2096 (vide Volume III) to the arsenal, so as to arrive there a day or
two before the consignment. The Commissioner of Police, Calcutta,
shall, at the same time, be informed of the despatch, together with
a complete list giving the number and description of the weapons
sent for destruction. (Government of Bengal letter No. 8457 P.,
dated the 25th September 1914.)
26
106
(b) The officer in charge of the arsenal shall be asked to sign and
return one copy of the voucher. This the Court officer shall paste
into the Arms Register of the malkhana :md give a reference to it,
opposite all items covered by it, in column 14 of the various pages
in which they are entered.
(c) In filling up vouchers great care shall be taken to give a full
and complete description of firearms and the marks and numbers
they bear, so that they may be traced, if necessary, without any
doubt or hesitation. Similar care shall also be taken when entering
in the Arms Register of the m<ilkh<ina the description of firearms
received in the malkhana.
103. The High Court and the Local Government have ruled Disposal of
that all judicial officers when passing orders under section 517, 523 counterfeit
or 524, Criminal Procedure Code, for the disposal of counterfeit C0m8<
coins or any implements, such as punches for repairing dies, dies
for striking coins, and moulds for casting coins, should consider
whether the coins or implements should not be forwarded to the
nearest treasury or sub-treasury officer for transmission to the Mas-
ter of the Mint. The remittance to the Mint should be made
through the Deputy Inspector-General, Crime, Railways and Rivers,
and should be accompanied by a statement showing the number and
date of the case to which the coins or implements relate. All pro-
secuting officers are specially enjoined to bring the above rule to
the notice of the court trying a coining case.
IX. — Chemical Examination.
104. Court officers shall receive from officers in charge of police- Chemical
stations articles intended for chemical analysis, both in railway examination.
and district cases. The Superintendent of Police shall send the
articles for examination to the Civil Surgeon or medical officer with
a descriptive letter. The result of analysis shall be communicated
immediately to the station officer interested, and the original report
of the Chemical Examiner shall be filed with the Magistrate's record.
In cases of treatment of the patient in hospital or post-mortem
examination, should the medical o'fficer or Civil Surgeon consider
it necessary or be requested to send any matter or portion of a sub-
ject examined by him to the Chemical Examiner, he shall, as a
rule, arrange for its transmission direct; but if he considers for any
special reason that it should be sent by special messenger, he shall
apply to the Superintendent.
N. B. — In cases where the cause of death found by the Court is not in accordance
with the Chemical Examiner's report, or where that report is contested, a copy of
the judgment and of the evidence reglarding symptoms and post-mortem appearance
shall be supplied to the Chemical Examiner, such copies being made in the office
of the Superintendent of Police.
105. Stock and materials required for the preservation of vis- stock for
cera, etc., for chemical analysis in connection with criminal cases preservation
are parts of the medical stores which are kept at every district of viscera.
and subdivision. The charge for upkeep is debitable to the Medical
Department, but the cost of packing and despatch of viscera shall
be borne by the Law and Justice Budget.
106. In cases in which viscera have been preserved with a view parj0j Of
to the possible necessity of sending them to the Chemical Examiner preservation
for examination, the Court officer shall obtain the order of the of viscera.
27
107
Magistrate who deals with the case whether the viscera should be
destroyed, or if not, for how long they should be preserved.
Packing and 107. The following rules shall be observed in sending articles
despatching of to the Chemical Examiner for examination: —
exhibits sent
to Chemical (a) Under no circumstances shall the forwarding report be
Examiner. packed in the same parcel with the substances to which
it refers. It must always go in a separate cover. It
shall always state the date of despatch of the parcel.
(b) In forwarding suspected substances or weapons, an accu-
rate description of the articles shall be inserted in the
report.
(c) When several substances are sent, they shall be wrapped
separately in paper, and shall be sealed and consecu-
tively lettered in English. A list of the articles, duly
lettered and sealed, shall accompany the parcel, and
an exact copy in the same handwriting, with an impres-
sion of the seal, shall be entered in the report. This
list shall contain the following information : —
(1) Number and date of report.
(2) Description of articles, A, B, C, etc.
(3) By whom forwarded.
(4) Station, date and seal.
(d) The impression of the seal attached to the forwarding
letter shall be protected on both sides by a thin layer
of cotton-wool to prevent the wax being powdered in
transit.
(e) The labelling and numbering of articles shall not be in
the vernacular, but in English.
(f) Under no circumstances shall exhibits belonging to dif-
ferent cases be included in the same parcel.
(g) The carriage of articles must be prepaid.
(h) At all stations where there is a Civil Surgeon, the parcels
shall be sent to the post office by that officer, but where
there is no Civil Siirgeon, they may be sent through
the Subdi visional Officer.
Suspected 108. («)- Articles of wearing apparel shall have pieces of paper
blood or stitched (never pasted or gummed) over the supposed stains, and the
seminal stains, pieces shall be consecutively lettered. The entire garment must be
sent. Each cloth shall have a label stitched on it in one corner.
The label shall contain the following information, and a copy in the
same handwriting, with an impression of the seal on the parcel,
shall be inserted in the report: —
1. Number of report.
2. Description of article.
3. Owner.
4. Number of observed stains.
5. By whom forwarded.
6. Station, date and seal.
(b) Care should be taken that the cloth be not folded at the
stained portion. The stain should be kept quite flat. The stained
places should be protected by a thin layer of cotton-wool on each
surface.
28
Ill
(c) Great care sliall be taken that ants or other insects do not
gain access to stained articles, as in a short time they may destroy
all traces of stains. Stained articles shall first be wrapped in paper,
and then be carefully stitched up in waxed cloth, and enclosed in
a tin or wooden box.
(d) A certificate in P. R. B. Form No. 194 shall be forwarded
with all blood- or semen-stained exhibits, in order to enable the
Chemical Examiner to remove portions of them to which it may be
necessary to apply chemical tests.
109. Knives and weapons shall have labels securely tied on Knives or
them, and the knots shall be sealed. Each label shall contain the weapons.
following information, and a copy in the same handwriting, with
an impression of the seal, shall be entered in the report : —
(1) Number of report.
(2) Description of article.
(3) Case versus.
(4) Forwarded by.
(5) Station, date and seal.
110. (a) Blood stains which require examination for the purpose Examination
of differentiating human from other blood may be sent to the Chemi- of blood
cal Examiner for determining their sources. stains.
(b) In sending the stains, care shall be taken that they remain
intact; thus, if the stains are found on a hard surface, such as a»
cemented floor or wall, they should not be moistened and then rub-
bed, but the portion of the floor or wall containing them should, as
far as possible, be taken up and sent.
(c) In sending blood-stained articles, all information available
which is of medico-legal value, e.g., the section of law under which
the case falls, the class of weapon used or supposed to have been
used, the description of injuries inflicted, etc., shall invariably be
furnished.
(d) Discretion shall, however, be exercised that blood-stained
articles are not sent for examination in any but important cases in
which the opinion of the Chemical Examiner is material for a cor-
rect finding. As a rule, articles should only be sent for examination
in cases in which a fatal result has occurred or is likely to occur,
or in important cases triable by a Court of Sessions. Articles should
not be sent in cases which are not serious or in which clear and
conclusive proof is already available.
111. (a) Medical officers will be examined on oath, but their
evidence may be recorded by any Magistrate and not necessarily by
the officer trying the case (section 509, Criminal Procedure Code).
(b) When the medical officer is under examination before the
Magistrate, the prosecuting officer shall ask him to produce (1) DTI
authenticated copy of his forwarding letter to the Chemical
Examiner ; (2) the post office or other receipt for the parcel des-
patched to the latter ; and shall elicit from him any further evidence
necessary to connect the Chemical Examiner's report with the
charge against the accused. If necessary, the medical officer's clerk
or other person who has granted the receipt shall be called to prove
it, and shall be bound over to appear at the Sessions trial. Both
copy and receipt shall be tendered in evidence when proved.
29
Examination
of medical
officers.
112
Stationery,
forms and
stamps.
Court officers
making over
charge.
Furniture.
X . — Miscellaneous .
112= (a) The Court officer shall indent on the Superintendent's
office for all stationery and police forms required by him. The forms
marked as High Court and Government of Bengal forms shall be
obtained through the Magistrate's office.
(6) Service labels shall be obtained from the Magistrate.
113. The rules regarding making and taking over charge of
office given in Volume V of these Regulations shall be carefully
observed by Court officers. They shall be careful to furnish the
officer relieved with a receipt for all Government property in the
Magistrate's Malkhana. Full details respecting each item should
be given. Deficiencies shall be made good by the relieving officer
if they are discovered after he has taken over charge.
114. Furniture, such as chairs, tables and benches, required for
Court officers shall be supplied by the Superintendent of Police, and
an authenticated list of all articles so supplied shall be hung tip in
the court office.
Registers,
returns, etc.
Pages of
court
registers to
be numbered.
Magistrate's
General
Register of
Cases, P. R. B.
Form No. 155.
XI. — Registers and Returns.
115. For a complete list of registers, files, etc., to be kept up
.in the court office, the periods for which they are to be preserved,
and the rules under which they are prescribed, see Appendix XXVI.
A list of returns and reports due from the court office will be found
in Appendix XXVII.
116. All pages of Court officer's registers shall be carefully
numbered, and each book should be signed at the commencement
by a responsible officer to be told off for the duty by the Superin-
tendent of Police. This officer should also certify to the number
of pages in each book.
117. (a) The principal objects of this register are that the
Magistrate having jurisdiction may have clearly laid before him all
cognizable cases reported to the police, that his final orders may be
taken on every individual case, and that facilities may be obtained
in making out crime returns.
(6) Cognizable cases in which the Magistrate issues process on
complaint made to him or of his own motion, but in which no first
information has been laid to the police' or enquiry conducted by
them, shall not be entered in the general register.
(c) The duty of dealing with cases submitted in final report form
shall, if possible, *be undertaken by the District Magistrate at head-
quarters and must be undertaken by the Subdivisional Magistrate
in subdivisions. If for any reason the District Magistrate is him-
self unable to undertake the duty, he shall make it over to a Joint
Magistrate or to a senior Deputy Magistrate.
(d) The senior Court officer is responsible that the register is
properly written up, but in order to leave the senior officer free to
prosecute cases the actual writing of the register and its submission
to the Magistrate shall, at headquarters of districts, ordinarily be
entrusted to a competent subordinate officer of the court of not
lower rank than that of a head constable.
30
122
118. (a) On receipt of the first information report of a case from
a police-station the Court officer shall fill ill columns 1 to 8 of the
general register, and, after recording- on the top of the first informa-
tion report its number in the general register, shall submit it and
the register to the Magistrate, who will initial column 9 of the
register. First information report of heinous or important cases
shall, however, be submitted to the Magistrate immediately after
receipt.
(b) Every case which is reported at a police-station during a
year, no matter when the crime was committed, shall be entered
in the general register and shall receive a consecutive number for
that year, even though the first information may not have been
received until after the end of the year. The monthly consecutive
number shall also be given below the yearly number, thus
119 (yearly number)
Entries to be
made on
receipt of
first informa-
tion
6 (.monthly nuuibor)
119. The first information report shall remain with the Court
officer until the case comes before a Magistrate for enquiry or trial,
when it shall be made over to the bench clerk of the trying Magis-
trate.
120. (a) As soon as the final papers of a case are received by
the Court officer, whether a charge sheet or a final report form, he
shall fill in columns 10 to 14 of the register and again submit it with
the final report or charge sheet to the Magistrate. The Magistrate,
if a charge sheet has been submitted, shall either take the case on
to his own file or shall pass orders, to be entered in column 15, ,
as to what Magistrate is to try the case.
(b) When the case has been tried and disposed of, the Court
officer shall enter in column 16 the order of the Magistrate as to
the commitment, conviction, acquittal, or discharge of the accused,
and obtain the Magistrate's initial to the entry. The order should
make clear how the case is to be shown in the returns, what amount
of property is to be entered in the khatian register as stolen and
recovered, and how any property or exhibits connected with the
case are to be disposed of.
121. (a) If a charge sheet has not been submitted, the Magis-
trate shall pass such preliminary order as he may consider neces-
sary, e.g., for further enquiry or for the complainant to produce his
witnesses, and such order shall be entered in column 15, or if no
preliminary order is required he shall pass final orders and enter
them in column 16. Here, again, the entry in column 16 shall
indicate clearly how the case is to be shown in the returns, what
amount of property is to be entered as stolen and recovered in the
khatian register, and how any property of which possession has been
taken by the police is to be disposed of.
(b) In cases of alleged theft of property in which investigation
has been refused by the police on the ground that the matter in
dispute should be decided by a civil court, property should not be
shown by the Magistrate as stolen or recovered in the general regis-
ter. (Government order No. 3993 P.— D., dated the 23rd Septem-
ber 1912.) Court officers should draw the attention of Magistrates
to the above and make entries in the khatian accordingly.
122. («) The order in column 16 for entry of the cases in the
returns shall take one of the following forms : —
Not investigated. Enter section
True. Enter section
First informa
tion report
by whom kept.
Entries to be
made on
receipt of
final papers.
The entries to
be made when
no charge
sheet is
submitted.
Instructions
for entry in
column 16.
31
123
Intentionally false. Enter section
Mistake of law. Enter section
Mistake of fact. Enter section
Non-cognizable. Enter section
(b) The above represents the classification recognised for statis-
tical purposes in Crime Statement A-I prescribed by the Government
of India, and all cases shall be brought under one or other of the
above classes. Orders such as " dismissed," " struck off as false,"
"doubtful," are not explicit and do not indicate how the case
is to be entered. If a Magistrate, notwithstanding, treats- a case
as doubtful, it must be entered in the returns as true.
Miscellaneous 123. (a) The names of all accused persons charged with offences
instructions. under Chapters XII and XVII, Indian Penal Code, whose real
names and residences are not known, shall be underlined in red ink.
The names of persons residing outside the district shall bo doubly
underlined.
(b) Persons who have been arrested and subsequently released
by the police on bail and have not been required to appear before
a Magistrate, shall not be shown as acquitted.
(c) The entries in columns 10 to 14 relating to a case in which
the final report has not been submitted within 14 days from the
date of drawing up the first information report shall be made in
red ink. Similarly, entries in columns 15 and 16, subsequent te a
case having been remanded three times, will be made in red ink.
«' (d) In case in which the accused are at large and should be
arrested, a conspicuous red cross shall be made in the column of
remarks, so that it may be seen at a glance what cases of this
nature are pending.
(e) To ensure absconders not being overlooked, the number of
persons charged shall always be shown in column 8, and all these
persons should be accounted for in column 12, thus : —
Sent up — Madar Baksh.
Not proved against — Shaikh Saliin.
Absconded — Muhammad Ali.
(f) When an offender who has been previously convicted is sent
up for trial, the letters "P. C." shall be written in red ink in
column 12 against his name. If a case ends in conviction, the
orders shall be entered on conviction and not on expiry of the period
allowed for appeal. If a sentence be quashed or modified on appeal,
a note of the order shall be made in red ink in the general register
to ensure entry of the amended order in the khatian register, and
information shall be sent to the police-station as required by rule
129.
(g) Against the name of any convict regarding whom orders
under section 565, Criminal Procedure Code, have been passed,
*' ^g5T' shall be noted in the general register in the column of
remarks.
(h) In column 17 the Court officer shall enter a reference to the
corresponding entry in the khatian and note the date of the despatch
of the final memorandum. Remands shall also be noted in this
column.
(?') All railway cases shall be distinguished by a conspicuous red
ink "R."
32
125
(j) At the end of the year charge sheet cases in which all steps
for compelling- the appearance of the absconder have not yet been
exhausted shall be shown as pending-.
124. (a) On the final disposal of all cases in which a first infor- Final
mation report has been recorded and of cases under sections 107, memorandum.
108, 109, 110 and 145, Criminal Procedure Code, the Court officer
shall despatch, through the Circle Inspector, a final memorandum
in P. R. B. Form No. 196 to the Superintendent, in duplicate.
(b) In forwarding the final memorandum, the Circle Inspector
shall record his recommendation, if any, regarding surveillance, and
any remarks he may consider necessary regarding the conduct of
the police, the failure of the case in court, the inadequacy of the
sentence, etc.
(c) On receipt of the final memorandum the Superintendent shall
record orders whether the convict is to be placed under surveillance,
whether he is to be made P. R., P. R. T., or P. R. T., 565, and
whether a history sheet is to be opened for him. On the back of
the final memoranda of cases which have ended in acquittal or dis-
charge the Superintendent shall point out to the investigating or
prosecuting officer the reasons for the failure of the case, and shall
take such other action as he may consider necessary. The final
memorandum shall not be filed by the Superintendent until final
orders regarding all absconders have been passed.
(d) A memorandum in the same form shall be sent by the Court
officer when any one is convicted of any offence mentioned in the
schedules of offences for which a person's name is liable to be entered
in the village crime note-book (see Volume V of these Regulations)'.
(e) One copy of the final memorandum, with the Superintendent's
orders thereon, shall be forwarded to the police-station, where it
shall be filed with the first information report, case diaries and other
papers of the case after necessary entries have been made in the
registers concerned.
(f) In cases which have ended in conviction the Court officer
shall note on the back of the police-station copy of the final memo-
randum the description of the convict which has been entered in his
court conviction register.
(g) Final memoranda of cases in which the real names and resi-
dences of the accused charged with offences under Chapters XII
and XVII, Indian Penal Code, are not known, shall be written in
red ink.
(h) In cases that break down in trial, the reasons for failure
shall be briefly noted on the back of both copies of the final memo-
randum.
(i) A copy of any comment made by a Magistrate or Judge on
the conduct of the police, whether complimentary or adverse, shall
be attached to each copy of the final memorandum.
(j) Final memoranda shall be sent to the Superintendent, Rail-
way Police, in cases sent up for trial by the Railway Police.
(&) In all cases of railway accidents, Court officers shall furnish
the Superintendent of Railway Police with copies of the final orders
of the Magistrate in P. R. B. Form No. 196.
125. (a) To facilitate the preparation of the annual crime state- Court Khatian
ments, a khatian register, composed of compilation sheets in P. R. Register.
B. Form No. 197, shall be kept at each headquarters and subdivi-
sional court. Each description of crime or serial number shall have
a sheet or sheets for each police-station and independent outpost
33
125
area as occasion may require. Offences which are very rare may,
perhaps, not require more than one sheet, while cases entered under
serials Nos. 29 and 34 and some others may require three, four or
more sheets. A reference to the statistics of past years will indi-
cate fairly accurately the amount of space to be allotted for each
serial in each police-station.
(b) In statement A, Part I, are entered (1) cognizable cases taken
up by the police suo motu upon report, and otherwise than upon
report ; (2) cognizable cases of a petty nature in which first informa-
tion reports are not sent in. Cases in which first information
reports are submitted are recorded in the general register of cases,
and from this register shall be gathered the information for the
khatian with respect to such cases. Cognizable cases instituted by
complaint or petition to a Magistrate, and referred to the police
for investigation, are also entered in the general register, and shall
be shown in the khatian in red ink, but shall not be entered in State-
ment A, Parti.
(c) Cognizable cases under Municipal, Railway and Telegraph
by-laws, section 120 of the Indian Railways Act, IX of 1890, and
section 34 of Act V of 1861, vagrancy and bad character cases,
Chapter VIII, Code of Criminal Procedure, etc., etc., are not
reported in first information reports, and are consequently not
entered in the general register of cases. These cases, however, are
entered in the Magistrate's register of cases, in which no first
information report is used, and from this register shall be1 entered in
the khatian and included in Annual Statement A, Part I.
(d) The above description of cases shall be entered in the
khatian register after final orders in each case have been passed.
(e) When entering a case from the Magistrate's general register,
or from the register of cases in which no first information is used,
the number of entry in column 1 of the compilation sheet shall be
noted in the column of remarks in the register from which the entry
is made, thus creating a perfect link between the registers and
the compilation sheets.
(f) District and Subdivisional Magistrates will direct the minis-
terial officer who keeps the registers of miscellaneous cases and of
non-first information cases to let the Court officer have the books for
a short time every day and to give him a note of the cases decided
sim?e the previous day in order that the khatians may be written up.
(g) At the close of the year, all pending cases shall be shown
below the total of those cases already entered as finally disposed of,
i.e., cases pending with police and before Magistrates and Sessions
Court shall be shown in columns 3 and 9 of the khatian. The figures
shown as pending shall be totalled and added to the total of cases
finally disposed of,
(h) At the end of the year separate totals shall be made of the
black ink entries of completed offences and of attempts. Annual
Statement A, Parts I and II, shall be prepared from these black
ink entries in the khatian. Separate totals shall also be made of
the red ink entries to show the cases instituted by complaint to
Magistrate which were referred to the police for investigation and
which are not to be entered in Statement A, Part I, but will serve
for the preparation of departmental crime returns.
(i) A list of cases of attempts shall be made in one of the spare
columns at the end of the khatian form.
34
126
(j) On receipt of intimation that an appeal lias been lodged,
Court officers shall write a large " A " in red ink on the left-hand
side of column 1 against every case that is appealed, and when the
final result of appeal is known, the necessary alterations shall be
made in the columns regarding convictions and acquittals ; lastly
in one of the spare columns shall be entered the number of cases
and persons acquitted by the Magistrate, Sessions Judge, or High
Court.
(k) Court officers shall initial their registers twice : first, when
they write " A " opposite the case, and the second time, when they
enter the final result of the appeal.
(/) After the close of the year, each Court officer shall satisfy
himself by personal enquiries that he has entered in the Jchatian
register the results of all appeals finally decided up to the 31st
December.
(ni) The khatian register shall be closed on the 31st December.
Pending cases shall then be brought forward and entered in the
register of the new year.
(n) The Tchatian register should never be allowed to fall into
arrears. It should be totalled quarterly.
126. The following instructions for filling up certain columns
of the khatian should be carefully followed : —
Column 3 should include all cases either pending with the police
for investigation or with the Magistrate for trial or final orders.
Column 4 should include not only cases taken up by the police
upon report but also cases instituted without report, as for instance
on the personal knowledge of the police, on the confirmation of a
suspicion, rumour or anonymous or pseudonymous petitions, etc.
Column 7 should include all cases declared by the Magistrate
to be maliciously false, whether the order was passed after an enquiry
or trial or without any judicial enquiry.
Column 8 should include all cases declared by the Magistrate
to be false owing to mistake of law or fact, or non-cognizable, whe-
ther the order was passed after an enquiry or trial or without any
judicial enquiry.
Column 9 should include cases pending Avith police for investi-
gation, cases under trial at the close of the year, cases pending final
orders of the Magistrate, and pending cases in which the police
did not send up the accused but the Magistrate sent for them for
trial of his own motion.
Column 10 should include cases sent up for trial by the police
and cases in which the police did not send up the accused person,
but the Magistrate of his own motion sent for him and tried the
case. A case should be shown as convicted when any of the accused
sent up is finally convicted even of a non-cognizable offence by any
competent court. When a case is acquitted on appeal it should be
shown as such in columns 11 and 17, necessary corrections being
made in these columns.
Column 11 should include cases which were sent up by the police
and cases in which the police did not send up, but the Magistrate
of his own motion sent for the accused and tried the case. Cases
in which the accused died, escaped or was declared a lunatic during
trial or in which charges were abandoned, compounded or with-
drawn (sections 247, 248, 259, 333, 345, 494, Criminal Procedure
Code) should not be included in this column. They must be shown
in additional columns provided for the purpose in the remarks
35
Instructions
for filling up
columns of
khatian
register.
127
Utilisation
of spare
columns of
khatian.
column. Acquittals on appeal will also be shown as such in column
11 if they occur during the year.
Column 12 should include all true cases reported as undetected as
well as cases in which it is not known whether the offence was or
was not committed.
Columns 14 and 15. — Figures will be obtained from the Magis-
trate's office.
NOTE. — The three columns 14, 15, and 16 should contain all cognizable cases
instituted direct to the Magistrate whether referred to police for investigation or not.
Column 24. — This column should not include persons released
on bail by the police under section 169, Criminal Procedure Code,
before the commencement of the year. But if any such persons are
subsequently sent up for trial during the year the entry should be''
corrected, and they should be shown in this column, a note of the
fact being made in the remarks column. As regards those not
required to appear by the Magistrate, i.e., those released on bail
under section 169, Criminal Procedure Code, a note may be made
in a spare column, 'so that all persons pending before police at the
end of the year may be accounted for.
Column 25 shoiild include not only all persons arrested by the
police in ordinary course but also any person arrested under a
Magistrate's order (a) after investigation had been refused by the
police, or (b) after the police had reported the charge to be false,
or (c) who appear voluntarily for trial. In cases (a),-(b) and (c) a
note should be made in the remarks column.
Column 27 should include, besides persons released by the Magis-
trate, persons who died or escaped and were not recaptured before
trial, a note being made in the remarks column of those who died
or escaped.
Column 28 should contain figures in column 25 minus column
26 plus column 27.
Column 29 should include all persons convicted, including those
who having been sent up by the police are convicted of a non-cog-
nizable offence. Persons dealt with under section 562, Criminal
Procedure Code, should also be shown.
Column 30. — Persons concerned in cases abandoned, compound-
ed, withdrawn- (including accomplices pardoned under sections 337
and 338, Criminal Procedure Code) and those who died, escaped
or became insane during trial, should not be shown in this column
but in additional columns in the remarks column, persons acquitted
on appeal will be shown as such in the remarks column if the acquittal
takes place during the year, necessary corrections being made in
this column.
Columns 33, 34 and 35 should be filled up by figures obtained
from the Magistrate's office.
127. The spare columns may, with advantage, be headed thus —
(1) Under serial No. 9
Under serial No. 11
f Column No. 44 — Cases ending in loss of life.
! „ „ 45 — Cases of serious riot.
j „ „ 46 — Persons bound down under section 100, Criminal
Procedure Code.
44 — By strangulation.
45 — By poison.
4fi — Number supposed to have been concerned.
47 — Murder of legitimate children by mothers.
48— Such cases in which Judge recommends reduc-
tion of sentence.
49 — Such cases in which no such recommendation is
made.
50 — Murder of illegitimate children by mothers.
51 — Murder of child wives.
36
127
(4) Under serial Nos. 18, j
24,31,32, 33 and-J
38.
(5) Under serial Nos. 2,
8, 9, 10, 27 and
41.
f Column No. 44 — Cases compromised.
I „ „ 45 — Persons acquitted on compromise.
„ 46 — Cases withdrawn.
;, 47 — Persons acquitted under section 247, Criminal
Procedure Code, after appearance before
Magistrate.
„ 44 — Cases withdrawn.
,, 45 — Persons acquitted under section 247, Criminal
Procedure Code, after appearance before
Magistrate.
(6) Under serial No. 25 •{
i
I
(7) Under serial No. 29
(8) Under serial No. 34 !
(theft, ordinary). ]
(9) Under serial No. 34
(cattle theft).
(10) Under serial No, 42
(vagrancy smd
bad character).
44 — House
45 — River
46— Road
47— Technical
dacoity
(11) Under serial No. 421
(Excise Act). |
I
44 — Attempts, section >, if, Indian Penal Code.
45 — With theft, section ;!{j-,7i, Indian Penal Code.
40 — Without theft, section 457, Indian Penal Code.
47 — Number of charge sheet forms in cases first
refused enquiry.
48 —Number of such charge sheet forms convicted.
49 — Number of persons sent up in cases first refused
enquiry.
50 —Number of such persons convicted.
44 — Number of charge sheet forms in cases first
refused enquiry.
45— Number of such charge sheet forms convicted.
46 — Number of persons sent up in cases first refused
enquiry.
47 — Number of such persons convicted.
44 — Number of cattle stolen.
45 — Number of cattle recovered.
44 — Cases in which the Superintendent of Police
personally sanctioned prosecution on police
report.
4o — Cases tried in accused's village.
46 — Cases in which persons bound down for one
year.
47— Cases in which persons bound down for three
years.
48 — Cases in which security was accepted.
49 — Amount of security ordered.
44 — Cases instituted by police.
45 — Cases instituted by Excise officer.
46 — Amount of fine imposed.
47 — Amount of fine recovered.
NOTE. — (i) Against serial Nos. 18, 19, 20, 24, 26 and 32, number of cases ending in
death shall be noted in one of the spare columns.
(i?) Spare columns shall also be utilized under different serials for noting in-
formation, such as —
(1) Cases and persons transferred.
(2) Cases and persons received by transfer.
(3) Cases of death, and escape, etc., before trial and persons concerned
in them.
(4) Cases of death, escape and lunacy during trial and persons concerned
in them.
(5) Cases and person otherwise disposed of.
(6) Charges abandoned and persons discharged.
(7) Number of persons made King's evidence under sections 337 and 338,
Criminal Procedure Code.
(8) Heinous offences supervised by Superintendent, Assistant Superinten-
dent and Inspector.
(9) Cases, professional.
(10) Number of persons supposed to have been concerned in professional
cases.
(11) Number of persons pending on police bail under section 169, Criminal
Procedure Code, at the close of the previous year and not required
by the Magistrate to appear during the year.
(12) Number of cases of attempts.
(13) Result of cases committed to the sessions for trial, i.e., —
Number of cases committed.
Number of cases acqiiitted.
Number of cases convicted.
Number of persons committed.
Number of persons acquitted.
Number of persons convicted.
37
128
Appeal 128. («.) A register in P. R. B. Form No. 198 shall be main-
register, tained by all Court officers, in which all appeals in police cases shall
be entered.
(b) The register shall be put up once a week at headquarters
before the Superintendent of Police, and at subdivisions before the
Subdivisional Police Officer or Circle Inspector, and they shall satisfy
themselves that proper provision for conducting such cases has
been made, and that no failure of justice has occurred owing to the
Crown not being represented. Copies of any entries referring to
appeals in cases sent up by the Railway Police shall be sent to the
Superintendent of the Railway Police concerned.
(c) In cases of delay in receipt of the notice of appeal, the matter
shall be brought to the notice of the District Magistrate.
Results of 129. Results of appeal shall be communicated in P. R. B. Form
appeals. ^o. JQQ to tjie omeers concerned.
Conviction 13Q ^ A regjster of persons convicted shall be kept in Eng-
lish in all headquarters courts iu P. R. B. Form No. 200.
(6) The names of all persons convicted of the following offences
shall be entered in it : —
(1) Offences under Chapters XII and XVII, Indian Penal
Code, punishable with whipping or with imprisonment
for three years or upwards.
(2) Personating a public servant, etc. — Sections 170 and 171,
Indian Penal Code.
• (3) Culpable homicide. — Section 304, Indian Penal Code.
(4) Causing hurt.— Sections 325, 326, 328, 329, 331, 333,
335, Indian Penal Code.
(5) Being a thug. — Section 311, Indian Penal Code.
(6) Kidnapping. — Sections 363 to 369, Indian Penal Code.
(7) Buying a slave or minor, etc. — Sections 370, 371, 372,
373, Indian Penal Code.
(8) Swindling. — Section 417, Indian Penal Code.
(9) Forgery.— Sections 465, 466, 467, 468, 469, Indian Penal
Code.
(10) Offences relating to forgery of currency notes or bank
notes.— Sections 489 A, ^489 B, 489 C, 489 D, Indian
Penal Code.
(11) Criminal conspiracy, when the offence which is the object
of the conspiracy is exclusively triable by the Court of
Sessions. — Section 120 B, Indian Penal Code.
(12) Offences mentioned in the Schedule to the Indian Crimi-
nal Law Amendment Act (XIY of 1908), when the
trial has proceeded according to the provisions of that
Act.
(13) Bad-livelihood.— Sections 109 and 110, Criminal Proce-
dure Code.
(14) Gambling.— Sections 3 and 4, Act II of 1867.
(15) Opium.— Section 9, Act I of 1878.
(16) Excise.— Sections 46, 52, 53, Act V of 1909.
(17) Arms.— Sections 19 («), (c) (/) ; 20, Act XI of 1878.
(18) Railways.— Sections 126, 127, Act XI of 1890.
(19) Offences under the Criminal Tribes Act (III of 1911).
(20) Offences under the Explosive Substances Act (VI of 1908).
NOTE. — First offenders bound down under section 562. Criminal Procedure Code
irliall be treated as convicted.
38
ISO
(c) Entries shall be made as soon as sentence is passed. If the
sentence is quashed or modified on appeal, necessary corrections
shall be made by noting- in the column of remarks the date and
purport of the order of the Appellate Court. The names of iden-
tifying- officers shall be entered from the record of the case and from
the release notice of the prisoner, which shall be sent to the police-
station concerned through the headquarters Court officer.
(d) Convictions at the Sessions shall be registered at, the head-
quarters Court of the district from which the case was committed.
(e) At subdivisions entries of convictions shall be made as they
occur during the month on loose sheets of the printed form which
shall be forwarded to the headquarters court within the first week
of the following month, and fastened into the headquarters register
at the end of the entries for the same month.
(f) The conviction sheets shall be put up once a week for exami-
nation and signature at subdivisions before the Subdivisional Magis-
trate, and at headquarters before the Magistrate to whom the duty
is made over. The Magistrates shall certify that the entries in
the conviction sheets have been checked Avith the Magistrate's
genera] and complaint registers and that all necessary entries have
been made.
(g) The completed volumes of the register, after they are neatly
bound, shall be kept in the Magistrate's record-room or other safe
place, the current volume and the index only being kept by the
Court officer in his office under safe custody.
(h) Extracts of entries regarding criminals residing in another'
district or changing their residence shall be forwarded to the Super-
intendent of the district in question for entry in the headquarters
court conviction register. After entry the communication shall be
returned with a note stating the page and volume of the register in
which the contents have been duly entered. Such extracts shall
be sent after orders as to P. R. have been passed when the convict
is likely to be made P. R. or any appeal preferred has been disposed
of or the period of such appeal has expired.
(i) The conviction roll of any person born or resident at Chan-
dernagore, who has been convicted of any of the offences enumer-
ated above, shall be sent direct to the Magistrate of Police, Chan-
dernagore. Similar rolls will be received from the French author-
ities in respect of persons born or resident in British India, who
are convicted of the same offences.
(,/) All cases in which the real names and residences of persons
convicted of offences under Chapters XII and XVII, Indian Penal
Code, are not known, shall be entered in red ink.
(k) When a convict is made P. R., or — f^- by the Superintendent
of Police or is ordered by the Magistrate to notify, after release
from jail, his residence or change of residence under section 565,
Criminal Procedure Code, the letters P.R., ^— or "^j^' ' as *ne
case may be, shall be entered against his name in the remarks
column in red ink, and the number of the P. R. slip or the Des-
patch Cheque shall be rioted in the column "Whether finger-print
taken." The classification formula supplied by the Finger-print
Bureau on the counterfoil of the Despatch Cheque shall be tran-
scribed in the register.
(7) Conviction rolls of homeless offenders having previous con-
victions in Calcutta shall be sent to the Commissioner of Police,
39
/31
Form of
description.
Persons
convicted in
or residents
of the United
Provinces.
Opium cases.
Index to
conviction
register.
Calcutta, for information, who shall return the roll with a note that
the contents have been duly entered in his register.
131. (a) All descriptions of persons, whether for record in the
conviction register or any other register or roll, shall be recorded
as in Appendix VIII (Volume II).
(1)} An officer taking down a description shall endeavour to as-
certain the minutest facts under the various headings of the form,
as the smallest thing may lead to detection. The essential is to
give characteristics which cannot be changed, removed or dyed.
Every one is proficient in something, physical or mental, or has a
favourite habit, a weak side, a partiality in food, drink, smoke,
conversation, companionship or amusement.
(c) The value of the ear as a feature for identification lies not
only in its great variations, but in the fact that it can be closely
examined from behind a man's back without his being conscious
of being watched.
132. When a person who resides in the Presidency of Bengal
is convicted of an offence in the United Provinces or in the Province
of Bihar and Orissa, the Superintendent of Police will fill up the
following form and send it to the Superintendent of the district
where the person resides, for insertion in the latter's register.
Similar information shall be sent to the Superintendents of the
United Provinces or of Bihar and Orissa on the conviction, in this
Presidency, of any person who is a resident of that province, and
that conviction shall be entered in the local register of convic-
' tious : —
Name, occu-
pation and
aliases.
Oaste.
Parentage.
Description,
age, height,
and parti-
cular marks.
RKSIDENCF.
Biief
account
of offence.
Sentence
end date
thereof.
Village.
Police-
station.
District.
133. On the conviction of an accused person in an opium case,
the Court officer shall lay the rules before the Magistrate and obtain
orders for the transfer of the convict to Patna.
134. (a) An index to the conviction register for the whole dis-
trict shall be kept at all sadar courts in P. R. B. Form No. 201.
(&) The page, volume and year of the index shall be noted under
each man's name in the conviction register.
(c) At the close of each month, after the subdi visional convic-
tion sheets are received, the sadar Court officer shall prepare an
index for the whole district.
(d) Indices for every 10 years shall be kept in a bound book.
(e) The sadar Court officer shall search the indices of this regis-
ter to see if a person sent up has been previously convicted or not,
and he shall certify on the back of the charge sheet that he has
done so.
(f) Subdivisions! Court officers shall carefully note the certi-
ficate given by the investigating officer on the back of the charge
sheet, and when they find that a person is sent up for trial charged
with an offence under Chapter XII or XVII of the Indian Penal
40
135
Code, punishable with three years or upwards, from a police-station
other than that in which he resides or has his home, they shall send
a verification roll (P. E. B. Form No. 187) to the Sadar Court officer
for necessary action.
135. The following system of indexing- names is to be adopted.
It has been devised with a view7 to obviate the confusion arising
from the uncertainty as to the spelling of vernacular names in
English, more specially as regards the employment of vowels and
semi-vowels :
(i) The letters of the alphabet are divided into 15 groups of
initial letters, and as the number of names under each of these may
be large, they are further subdivided into a greater or less number
of subordinate groups. This system, it will be observed, takes
no heed of medial vowels, the determination of the subordinate
group being regulated solely by the consonant which terminates
the first syllable of the name. Thus, in searching for Maniruddin.
the pa^es allotted to initial letter group (M) must be turned to,
the name itself being found on the page or pages sub-allotted to
subordinate letter group (N), the letter (N) being taken as ter-
minating the initial syllable of Maniruddiu. Other examples will
be found in the explanation to the key in Appendix XXIV.
Study of the key will show the number of pages to be allotted
to eaeli initial letter group; the subordinate letter groups which
require separate space, the subordinate letter groups which may
be lumped together for the purpose of allotting page space.
(ii) It will be seen that the key gives all the above details for a
register containing 586 pages. With a register containing 100
pages only, the distribution for initial letters .would be (vowel
group) 12 "pages; (B, Bh) 12 pages; (Ch, Chh) 3£ pages; (D, Dh)
5J- pages; (Gr, Gh) 5i pages; (H) 4^ pages; (J, Jh or Z) 5J pages;
(K, Kh) 9 pages; (L) 3f pages; (M) 9J pages; (N) 4* pages; (P,
Ph or F) 5 pages; (E, Eh) 8 pages; (S, Sh) 9J pages; (T, Th) 3
pages. The above figures are given to serve as a guide in allotting
space in any register which may be opened. As it would be found
inconvenient in practice to have fractions of pages, the register
selected should consist of not less than 300 pages and whole pages
should be allotted.
(iii) It will further be seen from the key that where a vowel,
including semi-vowel or (B, Bh) are the initial letters of a name,
the page space allotted to these groups has been subdivided
amongst 14 subordinate letter groups. The necessity for such
minute subdivision is obvious as each of these two, i.e., vowel and
(B, Bh) initial letter groups, contains 12 per cent, of the total num-
ber of names registered. If initial letter (L), the number of names
under which is relatively small, be referred to in the key, it will be
observed that several subordinate letter groups have been lumped
together, there being only 5 subdivisions of the page space allotted
to the (L) group, instead of 14 subdivisions, as in the case of the
(B, Bh) group.
(iv) As this key represents the result of indexing over 8,000
names, the allotment and sub-allotment of page space shown in it
may be taken as a guide.
(v) It must be understood that words like Maulvi, Shaikh, Syed,
Meer, Meerza often treated as an integral part of native names are
41
System of
indexing
names.
136
Cross-
references
how to be
made.
Elimination1
of names of
deceased
persons.
Names of
persons
acquitted on
appeal to be
struck off.
in reality honorifics and must not be taken into account in classify-
ing; thus the name Maulvi Fakiruddin should be indexed as Fakir-
uddin Maulvi. Where names begin with a compound letter the
initial letter only determines the group thus: — Krishna will be
found under the (K, Kh) initial letter group and subordinate group
(S, Sh) ; Brojendra under the (13, Bh) initial letter group, subordi-
nate group (J, Jh, Z). The W or 0 terminating words like Deo,
Bhow, Shew or Sheo is for indexing purposes treated as (b) ; thus
Deo will be entered under initial letter group (D, Dh), subordinate
group (B, Bh), and so forth.
Certain proper names which begin with a consonant and contain
no other consonant, such as Howa, Dhuia, Doya, Gui, etc., and are
not followed by a name, not a class name or honorific, should be
indexed under the first group of the initial letters, etc., Howa under
initial letter group H, and sub-group letter (B, Bh), Dhuia under
initial group (D) and sub-group letter (B, Bh), and so on. When
such names are followed by names not class names or honorific, such
as Jaygopal, Gyaram, etc., they should be indexed in the usual way,
i.e., Jaygopal under initial letter group (J, Jh, Z) and sub-group
(G, Gh), and so on. Certain words which, though identical in
themselves, are pronounced differently by village people, such as
Pauchu, Pachu, Lakhan, Luchman, Wilayet, Bilayet, etc., should
be entered and searched for under the initial and group letters for
both spellings. Thus for Panchu, groups (P, Ph and C, Ch) and
(P, Ph and N) should be examined, and so on. Names such as
Hridoy, Hrishi, which are sometimes spelt with R which is the most
distinct sound should be indexed under initial letter group (R).
Where persons are convicted under a name and an alias, both
name and alias are to be separately indexed.
136. In cases where the same man has been convicted more
than once, cross-references should be made against each conviction,
thus, the name of Hyder AH, son of Mean Bux, may be found at
page 25, again at page 28, again at page 30. The cross-reference
should be marked as below : —
At page 25 —
Cf. 28-30,
At page 28 —
Cf. 25-30,
At page 30 —
Cf. 25-28,
Volume I, Hyder Ali, son of Mean Bux.
Volume I, Hyder Ali, son of Mean Bux.
Volume I, Hyder Ali, son of Mean Bux.
The index must be carefully examined, and when the same name
occurs in more places than one, cross-references should be noted in
red ink on the left of the name, the page number, and year of con-
viction register beir^g given in black ink on the right as usual.
This will ensure all convictions against Hyder Ali being found.
137. (a) At the close of each year all station officers shall s\ib-
mit to the headquarters court lists of persons whose names have
been removed during the year (see rules in Volume V of these Regu-
lations). The headquarters Court officer shall, after making the
necessary corrections in his register, forward the lists io the Super-
intendent of Police, who shall satisfy himself that the register and
indices have been corrected.
(b) Names of persons acquitted on appeal shall be struck off the
index as soon as intimation is received by the Court officer.
143
138! Court officers at headquarters of districts shall keep up
a register of cases committed to the Sessions in P. R. B. Form
No. 202. All favourable and unfavourable comments on the conduct
of the police, recorded by Sessions Judges and by the High Court,
shall be noted in the column of remarks in this register.
139! On receipt of the monthly cash account from a police-
station, the Court officer shall obtain from the cashier of the District
Magistrate or Subdivisional Magistrate, as the case may be, a cer-
tificate that all sums remitted to the Magistrate have been duly
accounted for, and after examining the Malkhana Register and any
other relevant papers, he himself shall record a certificate to the
same effect in regard to money remitted to his own office. He shall
then transmit the cash accounts to the office of the Superintendent
of Police. The audit and comparison with the registers in the
Magistrate's or Subdivisional Officer's office shall, as far as possible,
be done by somebody unconnected with the keeping of the accounts.
The certificate referred to shall be given in P. R. B. Form No. 65.
140. Court officers will keep a register of papers received and
despatched in P. R. B. Forms Nos. 54 and 55 (Volume II) in which
only papers not entered in any other register, such as verification
rolls, monthly copies of station cash accounts, etc., will be recorded.
141. This will be kept in P. R. B. Form No. 63 (Volume II).
For every sum received by the Court officer he must grant a printed
receipt cheque, signed by himself, to the person depositing the
money.
142. (a) A Magistrate directing an investigation to be made
by the police under section 155, Criminal Procedure Code, in a case
which is not cognizable by the police or ordering the police to en-
quire under section 202, Criminal Procedure Code, shall cause a
copy of the complaint to be sent to the officer concerned after fixing
a date by which the report or explanation of the cause of delay
is to reach him. The complainant should be informed of the date
so fixed and directed to appear before the investigating officer at
the scene of occurrence.
(b) Court officers on receipt of instructions from a Magistrate
under section 155 or 202, Criminal Procedure Code, ordering an
enquiry to be made by the police into cases falling under chapter
XX of the Indian Penal Code " Offences relating to marriage " shall
invariably bring to the notice of the court the wishes of Government
that enquiries in such cases in which the parties are Muhammadans,
should, whenever possible, be made by Muhammadan Sub-Regis-
trars, Muhammadan Marriage Registrars and selected Muhammadan
panchayats.
(e)~ Under sections 155 and 202, Criminal Procedure Code, only
a Magistrate of 1st or 2nd class can order the police to investigate.
(d) Superintendents of Police at headquarters, and Subdivisional
Police Officers or Circle Inspectors at subdivisions shall watch the
working of these sections so far as they affect the police and bring
to the notice of the District Magistrate any irregular orders passed
by Magistrates. (Government Order No. 10839 P., dated the 24th
November 1914.)
143. (a) In the statement of serious crime (P. R. B. Form No.
204) shall be shown all cases under the headings given under the ,
form — whether direct or other — (a) which have been reported during
the quarter, (b) which have been declared true by a Magistrate during
the quarter. Pending cases for the preceding quarter, which have
43
Register of
Sessions
cases.
Station cash
account how
checked.
Register of
papers
received and
despatched.
Counterfoil
book of
receipts.
Investigation
of non-
cognizable
cases.
Investigation
by police
of offences
relating to
marriage
deprecated.
Irregular
orders
passed fcy
Magistrates to
be brought to
notice.
Statement of
serious crime.
144
Burglary— what
cases to be
registered.
Professional
and Technical
dacoity.
been declared to be true during the quarter for which the return
is due, shall be included in column 3.
(b) This statement, as well as the connected statements (P. R. B.
Forms Nos. 205, 206, 207, 208), shall be forwarded, one copy to the
Deputy Inspector-General of the Range and another copy to the
Commissioner, not later than 5th January, 5th April, 5th July and
5th October. Both copies shall be forwarded through the District
Magistrate. The Deputy Inspector-General shall first check the
returns with those of the previous quarter and of the corresponding
quarter of the previous year, and shall compile a consolidated return
for his Range. He shall then prepare a concise review of the figures,
first criticising and examining the aggregate figures of the Range,
and thereafter dealing with any points which may require special
notice in connection with the returns of ai\y particular district. He
shall send a copy of his review to each (District in his range, and
two copies of it to the Deputy Inspector-General, Crime, Railways
and Rivers, together with the consolidated return for the range
and the district returns. These shall be forwarded so as to reach the
Deputy Inspector-General, Crime, Railways and Rivers, not later
than the 15th January, 15th April, 15th July, 15th October.
(c) On receipt of the reviews of Range Deputy Inspectors-
General, the consolidated range returns and the district returns,
the Deputy Inspector-General, Crime, Railways and Rivers, shall
prepare a review in which he shall examine and criticise the figures
for the whole Presidency, the figures for each range, and, where
necessary, the figures for any particular district. He shall then
submit his review to the Inspector-General and return the district
and consolidated range returns to Deputy Inspectors-General, to
enable them to comply with clause (b) above with respect to the
return for the following quarter.
(d) Under the heading "Burglary" only cases which come
under serial Nos. 29 and 38 of Statement A, Part 1, shall be
included. Superintendents shall include cases not investigated
under section 15T (b), Criminal Procedure Code. An explanation
of the fluctuations in burglaries and thefts shall be given whenever
possible. The explanation should be supported by figures as far as
possible; thus when a rise in prices is adduced as an explanation, the
actual prices of grain for the periods under comparison should be
given.'
(e) Riots attended with murder shall be shown under the head
of " Riots " and not of " Murder." When convictions are obtained
in rioting cases, the courts should be asked to bind the accused down
under section 106, Criminal Procedure Code.
(/") In the case of the Railway and River Police the returns shall
be submitted direct to the Deputy Inspector-General, Crime, Rail-
ways and Rivers. In Railway Police returns P. R. B. Form No.
210 shall be used instead of P. R. B. Form No. 204, but the other
returns shall be the same as for the District Police.
144. In distinguishing between professional and technical
dacoities, the intention, and not the character, of the offenders has
to be considered : and the assumption must be that every dacoity is
professional until it can be shown to be technical. A dacoity com-
mitted for the sake of gain is usually professional ; a dacoity com-
mitted for some ulterior motive, e.g., to enforce a claim or coerce
a raiyat, is technical.
44
147
145. On the 5th January, April, 'July and October a statement Quarterly
will be submitted by court officers to the Finger Print Bureau in statement of
P. 11. B. Form No. 211, showing all unidentified persons dealt with unidentified
during the past quarter. It should show the action taken against persons.
all unidentified persons sent up for trial, and in preparing the state-
ment the following points shall be carefully borne in mind : —
(a) The fact of a prisoner having been traced by finger prints
does not exclude him from being shown as traced or
otherwise in columns 6 and 1 . In every case it must
be distinctly stated whether enquiries were made in
his native district or not.
(&) In every case where reference has not been made to the
central office, the omission must be explained.
(c) In Railway Police cases, the names of persons sent up
will be shown with the entry " Railway Police " in the
remarks column.
Xll.—P. R. System.
146. (a) When the trial of a person whose finger print slip cases traced
has been traced by the Bureau has terminated, the result shall be by Bureau.
at once communicated to the Finger Print Bureau in P. R. B. Form
No. 212.
(b) The result of trial of persons traced by the Bureau of other .
Provinces shall be similarly communicated to those Bureaux and
in the same form.
(c) When a person traced by the Bureau is not sent up for trial,
the investigating officer shall communicate the fact direct to the
Bureau concerned.
147. The finger prints of the following persons, juvenile or
adult, male or female, shall be taken for permanent record (see
rule 152): —
(«) all persons convicted of offences against property carry-
ing enhanced punishment on reconviction, irrespective
of the duration of the sentence inflicted, if their real
names and antecedents are unknown to the police and
cannot be ascertained;
(b) all persons convicted under Chapters XII and XVII,
Indian Penal Code, outside their home districts, or
who, in the opinion of the Superintendent, are likely to
revert to crime after release;
(c) all persons reconvicted under Chapters XII and XVII,
Indian Penal Code ;
(d) all persons convicted under sections 170, 171, 231 to 254,
328, 363 to 373, 417 to 420, 489 A, 489 B, 489 C and
489 D, Indian Penal Code;
(e) all persons ordered to execute bonds under sections 109 and
110, Criminal Procedure Code, if (1) they are convicted
outside their home district, or (2) are known or be-
lieved to commit crime in other districts, or (3) are
unidentified ;
(/) all persons convicted under the Arms, Opium and Excise
Acts who are believed to be illicit dealers in arms,
opium or cocaine ;
45
Convicts whose
finger prints
are to be
taken for
record.
148
Definition
of "P. R. "
Railway case*.
Responsibility
of officer
taking finger
prints.
Finger prints
to be taken
before a
gazetted
officer when
possible.
Slips of
convicts
identified or
unidentified
to be
distinguished.
Slips of traced
convicts.
(g) all convicted persons, not specially provided for above,
regarding whom the Superintendent considers it desir-
able that there should be a permanent record, e.g.,
persons of notoriously criminal reputation who habitu-
ally absent themselves from their homes and are
believed to travel to other districts for the purpose of
committing crime, and persons reasonably suspected
of being professional itinerant criminals ;
(A) all persons convicted or acquitted or discharged of any
offence in connection with political agitation ;
(») all registered members of a criminal tribe registered under
the Criminal Tribes Act.
All convicts, whose finger prints are taken under this rule, are
known as "P. R." (Police Registered), except boys sent to the
Reformatory School, whose finger prints will be taken before they
are sent there. As to females, see rule 162. No person will be
liable to surveillance on his release merely by reason of being "P.
R."
N. B— In the cases mentioned In clauses (b), (e) (2), (/) and (a), the Superinten-
dent shall pass orders o'n the finaj memorandum. He may exercise a discretion in a
similar manner in respect of trans-frontier men convicted of petty thefts in the
Darjeeling district.
148. (a) Finger print slips of P. R. prisoners in railway
police cases, except those convicted in the Sealdah Court, shall be
prepared and submitted to the Bureau by the court officers of the
district police.
(b) Orders passed by the Superintendent of Railway Police under
the preceding rule shall be communicated to the Court Officer con-
cerned, who shall issue a P. R. slip and take the necessary action
and shall inform the Superintendent of Railway Police that he has
done so.
149. The officer taking the prints is responsible not only for
the impressions, but also for correctness of the convictions and other
details entered on the reverse of the slip; his signature to the slip
will be held to show that he has verified the sentence and previous
convictions from the judicial record, and the personal details of the
convict from the Cojirt office and jail records.
150. It is desirable, when practicable, that the finger prints
should be taken before a gazetted officer, who will sign the slip in
verification of the fact that the prints were taken before him, and
that they are the prints of the convict named on the slip. This veri-
fication does not make the slip legal proof of the conviction, but
greatly enhances its value when a conviction has to be proved by
means of the finger print slip.
151. («) Every slip sent for record in the Bureau after convic-
tion shall be endorsed on the reverse side " identified " or " uniden-
tified," as the case may be (see rule 42, Volume VI). In the case
of reconvicted persons whose finger prints are known or believed to
be already on record, the slip will be endorsed in a similar manner
with the word ' ' reconvicted ' ' in order that they may attract special
notice in the Finger Print Bureau and thus provide against two
slips of the same person being kept on record.
(6) A prisoner who has been traced by the Bureau, but whose
residence has not been ascertained, shall be shown in the finger
print slip sent to the Bureau for record as nnt«iced (see ru^e 4^,
Volume VI).
46
153
(c) In the case of a person arrested and identified as a Bhampta,
Barwar, Chain Mallah, Sanawria or any other registered" criminal
tribe, the particular class to which the man belongs shall be noted in
red ink at the top of the finger print slip, as laid down in rule 58,
Volume VI.
152. The number of finger print slips required for record is as Number of
follows:— slips required
for record.
(a) of ordinary P. B. convicts convicted in their home pro-
vince, one copy will be taken for record in the Bureau
of the province of conviction ;
(b) of all P. 11. convicts —
(1) who are wanderers, unidentified, or whose op^ra-
tioiis are known to extend beyond the li*nil« of
their home province, or
(2) who, though themselves residents of the province
of conviction, are really foreigners and are thus
likely to have relations with criminals of otfyer
provinces, or
(3) who are members of criminal tribes or are known or
believed to be connected with organized' gangs in
other provinces, or
(4) who have been convicted of theft of firearms and
ammunition or under the Arms, Opium or Excise
Acts, in circumstances which render it likely that.
they are illicit dealers in arms, opium or cocaine,
or
(5) who have been convicted under section 328, Indian
Penal Code, if the offence was of a professional
type, or under sections 231 to 253, Indian Penal
Code, and sections 489 A to 489 D, Indian Penal
Code, or
(6) who have been convicted, acquitted or discharged
of an offence in connection with political agita-
tion,
two copies will be taken — one for record in the Bureau
of the province of conviction and one in the Central
Finger Print Bureau, Simla.
(/•) of all P. K. convicts who are not natives of the province .
where convicted, three copies will be taken — one for
record in the Bureau of the province of conviction, one
in the Bureau of the home province, and one in the
Central Finger Print Bureau, Simla (see rule 56, .
Volume VI).
153. (a) All finger print slips of convicts will be kept by the Slips to be
Superintendent of Police in open files and arranged according to kept by
the date of release, until they can be tested by an expert (see rules Superintendent
42 and 46, Volume VI). The slips of prisoners who are transferred of Pol»ce until
to other jails before their slips are tested will be sent along with
;i despatch cheque in P. R. B. Form No. 213 to the Superintendent
of Police of the district to which they are transferred, and will be
placed by him with his own slips awaiting test. Such slips will,
after test, be returned to the Superintendent of Police of the district
of conviction for transmission to the Provincial Finger Print Bureau.
^ . 47
154
The testing of
slips by an
expert.
Procedure
when the
services of an
expert are not
available.
Procedure
regarding
slips of
persons
passing quickly
out of custody.
Slips to be
sent to
Bureaux after
poriod allowed
for appeal.
(J) Finger print slips of prisoners transferred to the Presidency
Jail shall be sent neither to the Calcutta Police nor to the Super-
intendent of Police, 24-Parganas, but to the Finger Print Bureau.
(c} Court officers shall compare the convictions noted on finger
print slips received from other districts for test with the prisoner's
warrant of commitment, High Court Form No. 38, and the jail
admission register, and rectify at once any errors and omissions
that may be found.
154. On the arrival of an expert the file of slips pending test
will be made over to him, and he shall proceed to test them at the
jail. In making the test the expert will satisfy himself that the
prints have been properly taken and are those of the convict named
on the slip, that all particulars recorded on the slip are correct and
properly filled in, that all convictions have been correctly entered,
and that the required number of copies have been taken. Any mis-
takes should be brought to the notice of the Superintendent of
Police- for necessary action. Finger print slips on which the prints
are blurred or indistinct should be rejected and replaced by fresh
slips prepared by the expert personally. After having tested the
slips, the expert will note the word " tested " with his initials and
the da'te (1) against the prisoners' names in the jail admission regis-
ters, (2) b'n the back of the P. R. slips, and (3) on the history
tickets. The expert will also sign each slip that he has tested,
and his signature to the slip will be held to be a certificate that the
test has been made in strict accordance with this rule (see rule 46,
V61ume 'Vty
155. When an expert cannot visit a district in time to test the
finger prints of a prisoner before his release, the finger print slip
of such prisoner should be tested by a proficient other than the one
who prepared the slip. A proficient testing a slip under this rule
will be guided by the instructions laid down for testing by an expert
in tne previous rule; provided that if he considers the prints on the
slip to be blurred or indistinct, he will prepare a duplicate slip and
both slips will be sent to the Bureau for decision, which should be
placed on record. If more than one copy of the slip has been taken,
he will take an equal number of duplicates.
156. In the case of persons convicted of the offences and under
the circumstances mentioned in rule 147, who are sentenced to fine,
whipping, a short term of imprisonment or to find security, it is not
possible to apply the above rules owing to the rapidity with which
such convicts pass out of custody. The finger prints of such con-
victs, therefore, will be taken by the Court officer immediately after
sentence is passed, and the slip submitted to the Superintendent
of Police for orders whether it is to be forwarded or not to the Finger
Print Bureau for permanent record. It will not be possible to sub-
ject finger-print slips prepared under the above circumstances to the
usual test, by an expert; and they should be sent without test,
except in the case of persons convicted under sections 109 and 110,
Criminal Procedure Code, who are sent to jail in default of furnish-
ing security.
157. Finger print slips, after being tested, will be made over
to the Superintendent of Police, who will -send them along with a
despatch cheque in P. R. B. Form No. 213 to the Finger Print
Bureau of his province, provided that the time of appeal is over, or
the appeal, if any, has been decided.
48
161
.Y.B. — In order to attract special notice In the Finger Print Bureau and thus
provide against unnecessary retention of finger print slips of unimportant criminals
beyond prescribed periods, Court officers shall write in red ink on the top of the
reverse side pf all finger print slips sent to the Bureau for record the words " Identi-
fied " or " Unidentified," as the case may be.
158. When a P. R. prisoner or a registered member of a cri-
minal tribe is declared a proclaimed offender, or escapes from jail
or from police custody, or absconds after committing some offence,
intimation of the fact shall immediately be sent to the bureau or
bureaux concerned. When communicating such information the
name, caste, parentage and residence of the individual, the number
and date of the first information report and the name of the police-
station at which it is registered, shall be quoted. If the prisoner's
finger print slip has not been tested, it shall be forwarded with
the report.
159. (<T) In addition to taking the finger impressions of uniden-
tified corpses, as laid down in rule 61, such corpses shall, whenever
possible, be photographed with a view to tracing their identity.
Such photographs shall, whenever possible, be of half-plate size.
(b) If a competent photographer cannot be arranged for locally,
a photographer will be deputed from the Crimtnal Investigation
Department on receipt of a requisition by wire. To save time, such
requisitions may be sent from police-station officers direct, but a
wise discretion shall be exercised, and they shall be sent only when
the corpse is identifiable and there is reason to believe that the photo-
grapher will arrive before the corpse is unrecognizable owing to
decomposition .
(t) When it is necessary to photograph an unidentified corpse*
the whole body should be included in the photo, the corpse being
placed in such a position that all scars and similar marks of identi-
fication are clearly visible. This is especially important in cases
where the features are in any way disfigured. Distinguishing marks
011 the body 'are much surer means of identification than articles
of clothing, and, as they disappear with the corpse, a full and accu-
rate record of them is necessary.
(d) Whenever an unidentified corpse is photographed, particu-
lars of the subject, as far as they are known, shall be clearly written
on the back of the photo. ^
160. By the P. R. (Police Registered) system a classification
made for police purposes is ^transcribed into the jail registers, there-
by enabling the police to trace dangerous convicts throughout then-
jail career (see rule 147).
161. P. R. prisoners shall be divided into three classes, viz., —
(1) P. R.,
(2) P. R. T., and
(3) P. R. T. 565.
Class (1) includes prisoners who are to be released from the jail
wherein they may happen to be confined on the expiration of their
sentence ; class (2) includes those who are to be transferred for release
to the jails either of their native districts or of their district of
domicile ; and class (3) are convicts against whom an order under
section 565, Criminal Procedure Code, has been passed.
Class (1) shall comprise persons about whose release it is desir-
able to give the police timely warning, but who are likely to avail
themselves at once of the means furnished them by the Jail Depart-
ment and return home, or who are not likely to revert to crime
where they are unknown. In the case of prisoners of this class,
49
Escapatto
be immediately
reported to
the Bureau.
Photographing
unidentified
corpses.
Object of the
P. R. system
Classification
of P. R.
prisoners.
162
the entry in tue P. E. slip against the heading "Where to be re-
leased " shall be "jail of incarceration."
Class (2) shall comprise convicts who are of such a dangerou^
type as to be likely to revert to crime before returning home if
released at a distance from .their homes. Amongst them may be
included (a) members of known criminal tribes imprisoned for an
offence oi»any kind, (b) all members of notorious criminal communi-
ties bound down under sections 109 or 110, Criminal Procedure Code,
(c) members of wandering gangs, (d) convicts who have no regular
residence (see rule 167).
As to class (3), see rule 167 (d).
P. R. slips. 162. (a) For every convict made P. E., a slip in P. E. B. Form
No. 214 shall be issued by the Superintendent of Police. It will be
made over to the Court officer or other local proficient, who shall
prepare the finger print slip and note the words " F. P. taken"
on the P. E. slip in the jail admission register, the prisoner's history
ticket, the court conviction register, and the counterfoil of the P. E.
slip.
(b) The P. E. slip shall be made over by the Court officer to the
jailor and a receipt obtained.
(c) In the case of female prisoners made P. E., the finger print
slips shall always be prepared in the presence of a matron (where
such a matron exists), or of a female convict officer in charge. The
police officer deputed to take finger impressions of female prisoners
shall be accompanied by an assistant jailor or a head warder when
going into the female ward.
(d) The word " Political " in red ink shall be written on the
P. E. slips of all prisoners convicted of offences in connection with
political agitation.
Finger 163. (a) Finger impressions of P. E. prisoners shall be taken
impressions before they are transferred from the jail of the district of conviction.
when to be Superintendents of Jails shall forward, with their escort requisitions,
taken- a list of prisoners selected for transfer. The jail admission numbers
shall be noted on the lists. Superintendents of Police shall, on
receipt of such lists, depute an officer to see that finger impressions
of all the P. E. prisoners named in the list have been taken and
that there has been no omission to make a prisoner P. E.
(b) The P. E. slip of a prisoner whose finger prints have not been
taken before his transfer shall be sent along with a despatch cheque
in P. E. B. Form No. 21'3 to the Superintendent of the district to
which he is transferred. The Superintendent shall have the prison-
er's finger impressions taken, and shall communicate the fact to
the Superintendent from whom the P. E. slip has been received.
Jail authorities 164. On the admission of a P. E. prisoner by transfer, the jail
to check P. P. authorities shall note in the jail admission register the fact that he
system. has been made P. E., and shall transcribe the entries " F. P. taken "
ami "tested " from the P. E. slip.
Reports of 165. If a P. E. prisoner dies \n jail, the Superintendent of
death in jail. Police, if the -deceased was convicted in his district, will forward
a death report in P. E. B. Form No. 215 to the Provincial Bureau.
Should such prisoner die in jail after transfer, the Superintendent
of Police of the district in which the jail is situated will forward
the death report to the Superintendent of Police of the district in
which the deceased was convicted, who will forward the same to the
Provincial Bureau. (See rule 64, Vol. VI).
50
168
166. The Superintendent of Police will invariably send informa-
tion to the police-station officer of all convicted persons resident
in such police-station who have been made P. R., and the station
officer- will enter the letters " F. P." in red ink against the names
of such persons in the village crime notebook and the surveillance
register.
167. (a) P. R. slips of P. R. T. prisoners shall show the jail
from which they are to be released.
(b) Members, of criminal tribes shall be transferred to their pro-
vince of origin for release.
(c) Members of wandering gangs shall be released from the jail
of the district in which they are sent up for trial. A convict who
has no regular residence shall be released from the jail of the dis-
trict in which he was last convicted.
(d) A prisoner on whom orders under section 565, Criminal Pro-
cedure Code, have been passed shall be made P. R. T. and released
from the jail of the district of which he is a native as laid down in
Jail Code rule 551.
(e) Persons originally residents of foreign districts or provinces,
who, for any reason, have become permanently domiciled in any part
of Bengal, shall be transferred for release to the jail of the district
of domicile, and not to that of the district of original residence.
(/") On receipt of a notice from the Superintendent of the Jail
of the probable date of release of a prisoner belonging to a Native
State, who is admitted to the benefits of the remission rules under
the Jail Code, Superintendents of Police shall make arrangements,
to send the prisoner to the Native State concerned under police
escort to be released by the Political Officer or other suitable author-
ity therein, his arrival being so timed as to coincide with, or not
be later than, the due date of release (vide Government Order No.
817 P.— D. dated the 20th May 1911).
The same rule is applicable to inhabitants of Nepal. A list of
Native States in India and the British jails situated nearest to them
will be found in Appendix XXV.
((/) Howrah shall be shown as the jail of release in the P. R.
slips of prisoners to be released from the Howrah Jail.
168. (a) A jail parade shall be held every Sunday morning at
all central and district jails. It shall be conducted by the Court
officer and such other officers and men not exceeding twenty, as the
Superintendent of Police may consider necessary to detail for the
purpose. The Superintendent should see that gazetted officers at
headquarters attend occasionally.
(b) The primary object of the jail parade is to exercise a check
upon the working of the P.R. and Finger Print systems.
(c) The jail parade report shall be prepared by a head constable
or other officer specially deputed for the purpose, on Saturday after-
noon, in P. R. B. Form No. 216, in accordance with the instructions
printed on it. He shall enter the names of all persons falling within
rule 147, who have been made P. R. He shall have access to the
jail registers and records with the permission of the jail authorities,
and shall collect together the warrants, High Court forms, and P. R.
slips of the prisoners whose names he enters in the report.
(d) The officer detailed for the parade shall be present in uniform
at the jail at 7-30 A.M., and the parade shall be held at 8 A.M.
(e) Females will not be paraded, but will be entered in the report.
51
Information
of convicts
made P. R. to
be sent to
station-police.
Jail of release
of P. R. T. and
P. R. T. 565
prisoners.
Jail parade
169
Rewards to
staff for
tracing
identity of
prisoners.
Release notice.
(/") The Court officer shall refer to the jail admission register,
the release diary, the warrants, etc., and satisfy himseH that the
report drawn up on the previous day is correct and complete. He
shall check the entries relating to the P. R. and Finger Print work
in the jail admission register and history ticket with those on the
back of the P. R. slip, and shall supply any omissions which he may
discover in the admission register and the history ticket ; but no
alteration shall be made in the P. R. slip without enquiry. When
the prisoners have assembled, he shall scrutinize the case of each
individual and fill in column 6 of the jail parade report. In the
case of prisoners admitted by transfer, he shall see if there has been
any omission to make a prisoner P. R. or to take or test his finger
print. If no P. R. slip has been received for a prisoner who ought
to be made P. R., the matter shall be referred to the Superintendent
of Police concerned for consideration, but no reference shall be made
to the Calcutta Police regarding the omission to pass P. R. orders
or to take the finger prints of persons convicted in Calcutta, as the
finger prints of every person convicted in Calcutta are taken by
the Calcutta Police and sent to the Fingor Print Bureau for record
whether they are made P. R. or not.
(g) All prisoners who remain unidentified up to the timdt of their
release from jail, shall be interviewed after their release with a view
to ascertaining, if possible, where they came from and where they
are going to. The officer holding the weekly jail parade shall dif-
ferentiate such impending releases by noting in red ink the word
" Unidentified " in column 8, Part IV, of the Jail Parade Report,
against the name of each unidentified prisoner, to enable the Super-
intendent to arrange for the interview as the prisoners come out from
jail. Such persons shall, whenever possible, be shadowed or fol-
lowed on their release, with a view to tracing their antecedents and
ascertaining their old associates to whom they are likely to return.
(h) The jail parade report shall be put up before the Superin-
tendent of Police on the following Monday for orders. As soon as
action has been taken on orders passed by him, it shall be again
put up before him, and he shall satisfy himself that all orders passed
by him have been obeyed.
169! Superintendents of Police shall endeavour to enlist the
assistance of officers attached to the jail staff in tracing the identity
of unidentified prisoners, and they are authorized to pay a reward
of Rs. 5 to any jail official who shall be successful either in establish-
ing the identity of an unidentified convict or the previous conviction
of a prisoner undergoing trial or imprisonment for an offence under
Chapter XII or XVII, Indian Penal Code.
170. (a) On the 1st and 16th of every month release notices of
convicts who are to be released during the following half month,
and a list of convicts who have died during the preceding half month,
irrespective of place of conviction or residence, shall be obtained
from the jail by the Court officer. The P. R. slips of P. R. prison-
ers shall be treated as release notices.
(b) If release notices are not ready, the fact shall be reported
by the Superintendent of Police to the Superintendent of the Jail.
(c) Release notices of prisoners, whose release, notices 4iave for
any reason not been included in the fortnightly batch and whose
release falls due before despatch of another batch, shall be sent by
the jail authorities to the Superintendent of Police without delay.
In cases of non-observance of this rule, Superintendents of Police
52
172
shall report the matter without delay to the Superintendent of the
jail concerned, and send a copy of their report to the Deputy
Inspector-General, Crime, Railways and Rivers.
(d) Notices referring to other districts shall be forwarded to the
districts concerned. Those relating to the district shall be issued
to police-stations, copies of those of P. R. railway criminals being
forwarded to the Superintendent of Railway Police concerned for
information. The number and date of despatch of a release notice
shall be quoted in column 8 of P. R. B. Form No. 216, Part IV.
The station officer shall report to the Superintendent of Police a
week after the release whether the released convict has returned
home.
(e) P. R. slips shall be ultimately pasted with their correspond-
ing foils in the P. R. slip book. Ordinary release notices shall be
filed, except those of convicts not liable to be registered, which shall
be destroyed. The Court officer shall transcribe into the court con-
viction register the name of the. identifying warder noted on the
release notice.
171. All juvenile convicts shall, on release, be escorted to their
homes by the police. Superintendents of jails shall send notice of
the release of such prisoners to the Superintendent of Police one day
previously.
172. (a) On receipt of notices of release, P. R. slips and of
extracts from conviction registers of other districts (which Court
officers should lay before their Superintendents for orders before
entry) Superintendents of Police shall send them at once out to thd
. polide-stations concerned with orders to report by return of post,
or as soon after as possible, whether the police conviction rolls of the
convicts have been received and registered, or not, supposing the
Superintendent of Police has no means in his office of ascertaining
this without making such a reference.
(V) On receipt of conviction rolls from other districts of men said
to belong to his own district, if a Superintendent of Police has no
means in his own office of ascertaining at once whether a reference
lo verify the name, parentage, caste and address was made to him
(before the man was convicted) by the Superintendent of Police
forwarding the conviction rolls, he shall likewise require a prompt
report from the police of the district concerned.
(c) In any case in which it is found that no previous communi-
cation has passed between the district of conviction and district
of residence of a convict, the Superintendent of Police of the latter
district shall communicate at once with the Superintendent of Police
of the district of conviction for the purpose —
(«) of obtaining the conviction roll of registration ;
(ii) of letting the Superintendent of Police of the district of
conviction know that no reference was made to ascer-
tain that the man wjiose roll was forwarded was really
a resident of the district to which the roll was issued.
Filing of
P. R. slips.
Release of
juvenile
convicta.
Rslesie
notices, P. R.
slips and
conviction
rolls received
from other
districts.
53
APPENDIX XXI.
(Vide llule 12.)
RULE 12 is only applicable to persons subject to the Indian Army Act
(VIII of 1911), i.e., roughly, all Indians whether commissioned officers or
not, who belong to His Majesty's Indian Army and, when on active service on
the frontier, certain other persons. When dealing with such persona, 331, 7, 41,
42, 69-71 of the Indian Army Act should be read. British officers serving in
the Indian Army, and all officers and soldiers in his Majesty's British forces
serving in India are subject to the Army Act and English Military law. The
Civil authorities deal with such persons under the rules made by the Government
of India by a Notification in the Home Department, No. 817, dated 22nd May
19U2, as amended by a like Notification, No. 1630, dated llth September 1903.
These and section 41 of the Army Act (44 and 45 Viet., cap. 58) to which they
refer are reproduced below. It will be seen that such persons can be tried by
court-martial in India under English Military law, for the offences of treason,
murder, manslaughter, treason-felony or rape only if the offender icas on active
service or the scene of the offence is more than 100 miles from any city or town, in
which the offender can be tried by a competent "Civil " court. Subject to these
exception, a court-martial has absolute jurisdiction to try any " Civil " offence
with which a person subject to the Army Act is charged.
jV.B. — (1) A military man is "on ae ive service" within the meaning of the statute, •whenever he Is
attached to or forms part of a force which is engaged in operations against an enemy (including armed
mutineers, arm^d rebels, arm ;d rioters and pirates) or is engaged in military operations in a country»r
place wholly or partly occupied by an enemy or is in military occupation of any foreign country.
(2) "Civil" here m sans "Civil" as oppos2d to "Military " and includes offences against the Criminal
Procedure Code (18!>8).
(Carndnff's Military and Cautonm'nt law in India, pages 565-567.)
The following are the rules in force under section 459, Criminal Procedure
Code (1898).
"(1) Where a person subject to military law is brought before a Magistrate
and charged with an offence for which he is liabie under the Army Act, section
41, to be tried by a court-martial, such Magistrate shall not proceed to try such
person, or to iseue orders for his trial by a jury, or to inquire with a view to his
commitment for trial by the Court of Session or the High Court for any offence
triable by such Court, unless : — •
(a)" he is of opinion, for reasons to be recorded, that he should so proceed
without being moved thereto by competent military authority, or
(b) he is moved thereto by such authority.
/
"(2) Before proceeding under rule 1, clause (a), the Magistrate shall give
notice to the Commanding Officer of the accused, and, until the expiry of a period
of a five days from the date of the service of such notice, he shall not —
(a) acquit or convict the accused under sections 243, 245, 247, or 248 of
the Code of Criminal Procedure, 1898 (Act V of 1898). or hear him
in his defence under section 244 ; or
(A) frame in writing a charge against the accused under section 254 ; or
(c) make an order committing the accused for trial by the High Court or
the Court of Session under section 213 or 214 ; or
(d) issuu orders under section. 451, sub section (2), for the trial of the
accused by jury.
(3) Where within the period of five day.s mentioned in rule 2, or at any time
thereafter before the Magistrate has done any act or issued any order referred to
in rule 2 clauses (a) to (<i), the Commanding Officer of the accused gives notice
to the Magistrate that in the opinion of competent military authority, the accused
should be tried by a court-martial, the Magistrate phall stay proceedings, and, if
the accused is in his power or under his control, shall deliver him, with the
statement prescribed by section 549, to the authority specified in the said section.
" (4) Where u Magistrate has been moved by competent military authority
under rule 1, clause (i), and the Commanding Officer of the accused sub.-equently
gives notice to such Magistrate that, in the opinion of such authority, the
accused should be tried by a court-ma tial, such Magistrate, if he has not before
receiving such notice done any act or issued any order referred to in rule 2,
clauses (a) to (rf), shall stay proceedings, and, if the accused is in his power or
under his control, shall in the like manner deliver him, with the statement
prescribed in section 549, to the authority specified in the said section.
" (5) Where an accused person, having been delivered by the Magistrate under
rule 3 or 4, is uot tried by a court martial for the offence of which he is accused,,
or other effectual proceedings are not taken, or ordered to be taken, against him,
the Magistrate shall report the circumstance —
(a) in cases occurring in the Province of Madras or Bombay, to the
Local Government, and
(6) in all other cases, through the Local Government to the Governor
General in Council. "
Section 41 of the Army Act (44 and 45 Viet., Cap. 58) is as follows : —
" Subject to such regulations for the purpose of preventing interference with
the jurisdiction of the civil courts as are in this Act after mentioned, every
person who, whilst he is subject to military law, shall commit any of the offences
in this section mentioned shall be deemed to be guilty of an offence against
Military law, and if charged under tuis section with any such offence (in this
Act referred to as a civil offence) shall be liable to be tried by court-martial; and
on conviction to be punished as follows, that is to say —
(1) if he is convicted of treason, be liable to suffer death, or such less
punishment as is in this Act mentioned ; and
(2) if he is convicted of murder, be liable to suffer death ; and
(3) if he is convicted of manslaughter or treason-felony, be liable to
suffer penal servitude, or such less punishment as is in this Act
mentioned : and
(4) if he is convicted of rape, be liable to suffer penal servitude, or such
' less punishment as is in this Act mentioned ; and
(5) if he is convicted of any offence not before in *his section particularly
specified which, when committed in England is punishable, by the
law of England,- be liable, whether the offence is committed in
England or elsewhere, either to suffer such punishment as might
be awarded to him in pursuance of this Act in respect of an act
to the prejudice of good order and military discipline, or to suffer
any punnishment assigned for such offence by the law of England :
1 Provided as follows : —
(a) A person subject to military law shall net be tried by court-martial for
treason, murder, manslaughter treanson-felouy, or rape committed
in the United Kingdom, and shall not be tried by court-martial for
treason, murder, manslaughter, treason -felony, or rape committed
in any place within His Majesty's dominions, other than the
United Kingdom and Gibraltar, unless such person at the time he
committed the offence was on active service, or such place is more
than one hundred miles as measured in a straight line from any
city or town in which the offender can be tried for such offence by
a competent civil court.
(b) A person subject to military law when in His Majesty's dominions
may be tried by any competent civil court for any offence for
which he would be triable if he were not subject to military law. "
APPENDIX XXII.
(Vide Rule 57.)
Memorandum of Instructions for the guidance of Police and other Officers in
sending documents for examination by the Government Expert in handwriting,
or requiring his attendance in Law Courts.
Despatch of papers —Paper.* intended for examination by the Expert should,
if possible, be placed flat, either between blank sheets or thin boards. If too
large to allow of this being done, they should be rolled rather than folded If
folding cannot be avoided, care should be taken to refold into the original folds.
2. Distinguishing A) arks. — All papers should bear a distinguishing mark,
such as A, B, C, or (1), (2), (3), et cetera. Any other writing on the documents
should be avoided. In cases of letters sent together with their envelopes or
covers, the envelopes should bear a sub-mark or number to the letter it contained.
Thus if a letter is marked A, its covering envelope should be marked Al, or if
the letter is marked 1, its envelope may be marked la. In the case of documents
already entered as Court exhibits, the Court marks will, of course, be observed.
3. Stitching or stringing of papers. — In stitching or stringing papers together,
care should be taken not to mutilate any written portions.
4. Encircling of signatures or portions of writings intended for examination. —
In cases where opinion is required on, or the attention of Expert directed to, the
signature only, or a portion of the writing, the particular portion should be
clearly indicated by being encircled in pencil (black lead, or red or blue chalk).
'Ink marks should be avoided,
5. The encircling or marking off of signatures or portions of writings for
examination or comparison should be carefully and neatly done by means of a
tine pointed pencil. The encircling should be complete and mere underlines and
brackets avoided. If there are other writings in juxtaposition the dividing line
should clearly exclude the outside portions. Carelessness in this matter causes
unnecessary increase of work, a'nd is apt to lead to mistakes. Special attention
should be given in this matter in regard to interpolations, additions and over-
writings, and to signatures on bonds and on the reverse* of G. C. Notes where
there are other signatures, endorsements and writings.
6. Standards or writings for comparison. — It is advisable to send as many
specimens of the handwriting of the suspected person or persons as can conve-
niently be obtained. Care should be taken as to the selection of these standards,
and no writing should be characterized as admitted or genuine, unless it is
absolutely certain that it is so.
7. When selecting handwritings for comparison, writings written about the
same period as the document in question should, as far as possible be selected.
This should be done in cases where already existing writings of the suspect or
accused are readily available, whether contained among correspondence or in
books or registers.
8. When taking specimen handwritings of several suspected or accused
persons the writing of each individual should be taken on separate sheets and not
on the same sheet. In cases where a person is required to give several specimens
of his signature it is also advaisable to take each specimen on a separate paper,
care being taken to remove the previously written slips from sight of the indivi-
dual when he is writing the other specimen for the purpose of obtaining
specimen handwritings, the matter should preferably be dictated. In England
and America the suspect if unable to readily write from dictation, is made to
write from typewritten or printed matter, and not manuscript, so the chances of
imatation or variation of formation is minimised. In no case should the sus-
pect be allowed to see the document in question to write from, when any lengthy
piece of writing is dictated or given for copy, the actual time occupied in writing
should be noted and the kind of pen used and the position of the paper while
in the act of writing, i.e. whether laid on a flat hard surface, or held across the
palm, or placed across the thigh or in any other position. The officer taking
the specimen should state on it the name of the writer, together with the parti-
culars above referred to, and affix the date of the writing. He should also certify
on the same sheet, that the specimen was writen in his presence,
9. Dating of icriting. — Admitted writings, if undated, should if possible,
bear on them a pencil entry giving the probable date of writing, e.g.. " Said to have
been written in July 1904." In the same way, if the disputed document bears no
date, the supposed or probable date of writing, or the date of receipt, should be
ascertained and noted.
10. Pen and writing pad. — When the writings of a suspected individual are
required to be examined, Ivis pen and writing-pad, if obtainable, should be sent.
In such cases a piece of paper should be gummed on to the pen handle containing
the name of the writer, and a similar label affixed to the pad.
11. Sealing-icax impressions — When sending sealing-wax impressions for
Examination, care should be taken in the packing, so, that the wax or lac is
not broken in transit by the post. A thin layer of cotton placed on either side of
the portion containing the seal impression will alford safe protection.
12. Care of documents of which the age or date of the icriting is required. —
In cases where the age of a document is in question, the greatest care should, be
taken to guard the document from handling or soiling, and especially to protect
it from finger and other marks on the written characters. In such cases if the pen
and ink-pot, said to have been used in the writing, are available, they should be
sent.
13. Covering letter forwarding icritings or exhibits. — In all cases where papers
for examination are despatched to the Expert, they should be seut, carefully
packed, by registered letter or parcel post to his official address in Calcutta
accompanied by a memorandum or letter stating —
(a) the language of the writings ;
(b) the number of exhibits sent, giving their distinguishing marks and other
necessary particulars, indicating separately the documents in question
i.e., those on which opinion is sought, and the admitted documents
with which comparison is to be made: these latter being classified
according to their respective writers
(c) the question to the Expert, clearly and precisely put, in regard to the
particular writings or portions of writing on which opinion is
5 desired ;
(rf) particulars of the case, such as title, number, date, names of complainant
and accused, and section, under which the charge -is laid, together
with any remarks as to the circumstances of the writing and on any
other matters or points on wnich the Expert should be informed ;
(e) if a case has already been instituted, the date fixed for the next hearing
with name of Court of trial.
14 All writings to be sent or given for previous examination. — Whenever
possible, writings should be sent to the Expert and an opinion obtained before
they are put in as evidence, but in cases where such a course is not possible, as
when the documents have already been filed, and become Court exhibits, and the
Expert is summoned to Court direct, arrangements should be made to admit of his
seeing the papers before he is placed in the witness-box. If a large number of
papers are to be examined, it may be advisable to send fqr the 'Expert a day or so
in advance, so as to allow him time to study the papers before being called upon
to give evidence concerning them. It may, however, be noted that the best
conveniences and facilities for examining writing are available in the Expert's
office in Calcutta, and that several Courts do forward exhibits to the Expert for
e> amination by him in Calcutta.
lo. Requisition* and summonses j or Court attendances. — In view of the
constant calls made on the Expert, requisitions for Court attendances should be
made by telegram and the acceptance of dates promptly notified by telegram.
16. All summonses for Court attendances should, in order to avoid delay, be
issued on the Government Expert in handwriting direct, and not through the
Calcutta Courts, or the Director of Criminal Intelligence.
17. Police Officers, Court Inspectors and others, who obtain summonses for
the attendance of the Expert in cafes in which he lias not been previously con-
sulted should send immediate information to that officer as to —
(a) the language of the writings to be examined ;
(b) the extent of the writing on which opinion is sought, whether a signa-
ture, letter or a number of papers ;
(c) whether the question is one of identification of writing or also of ink
test.
4
18. When summonses or requisitions for Court attendances are issued in
regard to writings on which opinion has already been obtained, an entry should
be inserted in the summons or mention made in the letter or requsition of the
fact and a reference given to the number and date of the letter or report contain-
ing the opinion.
19. As long a notice as possible should be given to the Expert as to his
attendance in Court beirg needed and efforts should be made to arrange for
dates suitable to him with regard to his other engagements. It sometimes
happens that owing to an emergent call or an important case or other circum-
stances, the Expert is obliged to revise his current programme of Court atten-
dance. In such cases he will suggest fresh dates for the acceptance of the
courts, for which revised dates of attendance become unnecessary.
iV. n. — Several cases have attracted the attention of the High Court where trials were greatly prolonged
by the numerous adjouruments granted in order to ob'ain the attendance of the Government Expert in
handwriting. The Chief Justice and the judges point out that the evidence of the Expert is merely an
expression of opinion to be used by the Court, or, if there be a Jury, by the Jury, to enable it to come to a
finding as to a certain fact, and does not relieve the Court or the Jury of the duty of forming an indepen-
dent judgment of its own. Such evidence is not the only evidence by which handwriting can be proved;
and where it cannot be obtained without undue delay and iucouvc-uience, other available evidence should
be taken. In the opinion of the Judges prolonged postponements of criminal trials for the purpose only
of obtaining expert evidence of handwriting should be discouraged.
20. Issue of Commissions. — In cases where it is decided to issue commis-
sion to Calcutta for the examination of the Government Expert in handwriting,
it should first be ascertained from the letter what dates would be convenient.
The Expert will then intimate a date when he will be at his headquarters and
also mention whether it would be convinient to issue the commission on the
Chief Presidency Magistrate, Calcutta, or the Police Magistrate, Sealdah, for
recording his evidence.
21. Deputing Omcers to confer with Expert. — When it is decided in any
special case to depute an officer to confer with the Government Expert in
handwriting at Calcutta, enquiry should be made beforehand as to the dates
when the Expert will be in Calcutta and the deputed officer can conveniently see
him. 1
22. Conference with Expert prior to his examination or evidence. — Whenever
possible the Government Pleader or Court Inspector in charge of the case should
arrange for a preliminary personal conference with the Expert prior to the latter's
examination on giving evidence.
23. Officers to intimate results of reference. — All officers making references
to the Expert should intimate to him in due course the final result of such
reference, especially the finding in regard to the handwriting involved.
24. Expert not to be detained. — As the Government Expert in handwriting
is required to keep up to his programme of Court attendances, and attend to work
even while travelling, Courts and Prosecuting Officers should arrange to take his
evidence promptly and not detain him longer than is absolutely necessary.
Similarly, when on investigation the Expert should not be delayed longer than
is actually requisite.
25. Official address. — The official address of the Government Expert in
handwriting is C. Hardless, Esq., No. 1, Ripon Street, Calcutta.
26. Telegraphic Code address. — Telegrams for Government Expert in
handwriting should be addressed Handwriting, Calcutta.
"27. All communications to be addressed to Calcutta. — All covers and replies
to letters and telegrams, from the Expert, including those issued by hun while
travelling should, unless in any particular case otherwise specially requested, be
addressed to Calcutta.
APPENDIX XXIII.
(Vide Rule 80.)
Procedure to be followed in obtaining the arrest of an offender loho has escaped
to the United Kingdom, a colony, or some other British Possession.
[NOTE. — Extradition cannot be obtained in such a case unless the offencj is punishable with twelve
luonths' rigorous imprisonment or more.]
1. The first step is to obtain an ordinary warrant of arrest from the Magis"
trate of the first class in British India who has jurisdiction to try the offence.
The warrant must be drawn as if the offender were still in the Magistrate's juris-
diction, and special care should be taken to see that the provisions of section 75
and section 77, Code of Criminal Procedure, 1898, are complied with.
2. Where, as is usually the case, the arrest is required urgently, the matter
should be immediately reported confidentially to the Secretary to the Government
of Bengal, Judicial Department, who will, with the permission of His Excellency
the Governor, apply for the immediate arrest of the fugitive under a provisional
warrant. In submitting this report it will be necessary to furnish the following
particulars : —
(1) The name and aliases, if any, of the fugitive.
(2) A description of him sufficient for the purposes of identification, or
name and address of some person who can identify him, or both
(3) His nationality — by birth or naturalization — if information is available.
(4) Whether a warrant has been issued as in paragraph 1.
(5) Information as to his supposed whereabouts and the means of tracing
him, or as to the probable date of his arrival at his supposed destin-
ation and the steamer by which he may be expected there, or as to
the date on which he absconded, if information is available.
(6) The description of the offence, e.g., murder.
; (7) The date or dates on which, or the dates between which, the offence was
committed.
(8) The place where the offence was committed.
(9) Some particulars of the offence.
(10) A statement that the offence is punishable with rigorous imprisonment
for twelve months or over, referring to the appropriate section of the
Indian Penal Code.
(11) A statement when the papers required for extradition may be expected to
be ready.
(12) An estimate of the cost which will be incurred in the extradition.
3. In the meantime, and in any event, evidence must be carefully recorded
without delay by a Magistrate of the first class of proof that the offender has
actually absconded. Thereafter the evidence in regard to the commission of the
offence should be fully recorded by the same Magistrate, and in the same manner
as evidence is recorded before committing a prisoner to the sessions, and subject
always to all the rules of legal evidence.
All documents received in evidence must be put in as exhibits, and each
exhibit should be numbered or lettered and should l>e clearly referred to in the
n-cord of the evidence of the witness who swears to the particular exhibit.
The depositions must further contain a description of the fugitive and, if a
photograph can be obtained, it should be sworn to and put in as an exhibit.
Evidence must further be recorded to prove (a) that the offence is punishable with
twelve months1 rigorous imprisonment or over ; and (b) that the facts deposed
to in the depositions disclose a primd facie case of the said offence according to
the law of British India. Upon these two points (a) and (6) the evidence most
readily available will probably be that of the Public Prosecutor.
4. Appended to the depositions there should be a certificate by the Magis-
trate—
(a) that the offence is punishable with twelve months' rigorous imprison-
ment or over ;
(b) that the evidence recorded by him, in his opinion, discloses a primd facie
case of such an offence according to the law of British India, the Act
and section being cited.
6
5. The warrant referred to in paragraph 1 must show on the face of it that
it has been issued by an officer having lawful authority to issue it. Below the
signature should be Written : " A Magistrate of the first class and Justice of the
Peace for British India, and as such having authority to issue warrants in the
district of for the apprehension of persons accused of offences
and to commit such persons for trial." The warrant must be in accordance with
the evidence recorded in the deposition. If the warrant first drawn is not in
accordance with the evidence or is otherwise insufficient, a fresh warrant should
be drawn and signed.
The warrant should, it' possible, be signed in the presence of the police officer
whom it is intended to send to the place where the fugitive has fled to take
delivery of the fugitive.
The warrant must bear the seal of the court, and the seal should be affixed
in the presence of the aforesaid police officer whom it is intended to send.
6. A complete copy of the record of the evidence and copies of the exhibits
referred to in the evidence must be prepared, and there must be subscribed to these
a certificate in the form given in Appendix A to the eft'ect that the copies are
true. This certificate should, if possible, be given by the Magistrate by whom
the depositions were taken. In signing the certificate the Magistrate should
write beneath his signature the words : " A Magistrate of the first class
for district, and as such having authority under the Indian Extradi-
tion Act, 1903, to exercise in district the powers conferred on a
Magistrate by the Fugitive Offenders' Act, 1881." It will be observed that a
certificate can only be given by a Magistrate of the first class.
If the exhibits are lengthy, copies of only the material portions need be
prepared. Care should, however, be takeu that all the material parts are included,
and the appended certificate should state that no material portions have been
omitted.
Official certificates of. or judicial documents stating the fact of, a conviction, or
any other fact must be in original, and must purport to be signed by the proper
officer.
7. When the copies, etc., are ready, they should be handed to the police
officer, whom it is intended to send. He should be nominated by tiie Inspector-
General of Police or the Commissioner of Police as the case may be. He should
have the seal of the Government of Bengal affixed on every warrant, deposition,
exhibit or copy he takes with him. The seal must be affixed upon each paper in
the presence of this officer.
A convenient course is to fasten together by means of a ribbon and seal all
the documents which are merely copies, and" to append to them a certificate in the
form .given' in Appendix A. The affixture of the seal of the Government
of Bengal of this certificate will be sufficient, so far as the copies so fastened
together are concerned. Each document in original must, however, be
sealed.
8. Evidence must be available to prove the identity of the fugitive, and a
witness must be sent for that purpose, if necessary, with the police officer who is
sent.
9. The police officer should receive a letter addressed to the head of the police
concerned, requesting his good offices to secure all reasonable assistance, and
requesting him, it' necessary, to advauce to the police officer any reasonable sum
to defray his expenses should any unforeseen delay occur and his funds prove
insufficient. It is also advisable to authorize the head of the police addressed in
this connection to entertain the services of the Crown Solicitor should any intricate
point of local law be raised.
10. The copies, etc., referred to iu paragraph 6 must be prepared in duplicate,
one set to be handed to the police officer whom it is intended to send, and the
other to be forwarded to the Secretary to the Government of Bengal in the Judicial
Department, to be sent by him by registered post to the Home Secretary (if in
England) or to the Head of the Colonial Government concerned, together with the
intimation of tie deputation of the police officer.
11. No action should be taken under these rules except with the sanction and
under the direction of the District Magistrate. .
12. The Inspector-General or the Commissioner of Police, as the case may
be, should report to the Director of Criminal Intelligence all cases in which he
deputes a police officer on the above duty.
\
APPENDIX A.
I, the undersigned, a Magistrate of the first class for the district,
and as such having authority under the Indian Extradition Act, 1903, to
exercise in the district the powers conferred by the Fugitive
Offenders' Act, 1881, herehy certify that the written and printed matter
contained in the foregoing pages is a true copy of the information
of A.B., laid and sworn before me on the day of 191 ,
and of the depositions of A.B., C.D. and E.F.. in support thereof, sworn before
and taken by me en the day of 191 , for the purposes
of the Fugitive Offenders' Act, 1881, and of the exhibits thereto (or of all material
parts of the exhibits thereto) marked , respectively.
Given under my hand and seal in court this day of 191
Magistrate of the first class,
etc., etc., etc.
APPENDIX
[Vide Rule
SAMPLE
To the alphabetical index of the
Examples.
iiauge of 1
pages.
Consonants terminal
nitial letter
groups.
b or t>h
ch or chh
d or dh
g or gh
h
Abdul huq
11— 78 1
A, K, I, U,
V, W, Y,
Vowel
Group.
\ bd¥ll—
1 18 b or
[ bh 19—
) 22
23—24
26— 3»
31—32
33—34
Blood bihari
79—144
Ber Bh
79—82
83—86
87—92
93—96
97—102
Charoo chandra
146—166
Oh or Chh
146
— 148
149
Dukhi ram
167—196
D or Dh
167—170
171 —
— 172
173—174
176 —
Gauhar ali
197—228
G or Gh
197—198
199
— 200
201
a
Hari charan
H
Zamen all or Jamen ali
266—286
3 or Jhor Z
266
268
259—262
263—268
269
Kodrat
287—340
K or Kb
287—290
291—292
293—300'
301
Lachman
L
371—384
Maniruddin
369—414
M
369
i
362
363—368
369—370
Netai shaik
416—438
N
416—418
419
420
421
422
Phakira or Fakira
I
PorPh
or P
439
Itnstara
469—614
R or Kb
469
470
471—472
473—474
476—476
Sitauath
615—636
S or Ph
616—524
626 628
529
532
Tahoowar
537—689
T or Tb
*
I
Explanation.— The numerals are fie page numbers of the cont officer's alphabetical index register ;
The name Lachman will be found at page 344.
A number of pages are allotted in the register to each initial letter group, and this
syllable of the name. If 66 pages are allotted to initial letter group (B, Bh), these
4" pages. Initial letter grO'.ip (B, Bh) ; terminal consonant of first syllable
and so on.
The process of search for names may be thus illustrated. Abdul', first letter is a
- as the terminal con?o :ant of first syllable of name is b.
Dakhi— Reference is first made to the (D, Dh) group and then to the (K, Kb)
to the H group and throw tte(R,Bh) subdivision, as is the terminal consonant
10
XxtV.
135.]
KEY.
court conviction register.
ing first syllable of name, with range of search.
j or jh or i
k or th
I
in
n
p or ph
or/
r or rh
i or th
t Oi- th
36—38
39—42
43—46
47-54
65—60
61—82
63—36
67—72
73—78
103—104
105—110
111—118
119—120
121—128"
129—130
131—134
136—140
141—144
176
177— 178«
179—180
181—182
183 •
188
189—192
193 — -
196
-—204
206—206
207
210
211—216
217—222
223—226
227
228
231
232
233 — -
234
235
236
237—250-
261
254
— 272
273—276*
277—280
281—282
283—284
286
286
'
304
305—314
316—316
317
324
325—330
331-336 337—340
357
385— $86
387—388
389
392
893— 402«
403
406
407—408
409—414
435—438*
423
424
425
426
427
428
429—432
433—434
144
447—450
451
454"
466—464
— 610
613— 614«
477—480
481
482
483—603
507—508
509
611—612*
633
636
637—538
539—546
547-552
553—554
655—662
563—564
565—566
668
569—570
671—574
575—576
677—678
579—680
581—584
586
686
the asterisks show the position in this register of the names given as examples.
space is further divided so as to provide roonfo- each of the groups of consonants terminating the first
66pag^sare thus subdivided ; Initial letter group (B, Bh); terminal consonant of first syllable (B, Bh) ;
(Ch, (Jhh); 4 pages, Initial letter gioup(B, Bh). terminal consonant of first syllable (D, Dh), 6 pages,
vowel, so reference must b3 mad; to the vo.vel group; and to the subdivision (B, Bh), of the group
subdivision, as kh is the tsrmiual consjnant of the first syllable of nama. Hari— Reference is first made
of the first syllable of name.
11
APPENDIX XXV.
(Vide Rule 16 7.)
A LIST OF NATIVE STATES IN INDIA AND THE BRITISH JAILS
SITUATED NEAREST TO THEM.
I. — HAVING POLITICAL RELATIONS DIRECT
Names of Native States.
WITH GOVERNMENT OF INDIA.
Names of nearest Britisli Jails.
Mysore
Vellore.
Baroda
Ahmedabad.
Kashmere
... (1) Sialkot ; (2) Gurdaspur ;
(3) Gujrat ; (4) Jlielum ;
(5) Rawalpindi (which-
ever may be nearer the
home of the prisoner).
f Zilla Morang
Purnea.
,, Saptari
Bhagalpur.
„ Illam
Darjeeling.
., Mohtari
(1) Darbhanga and (2)
Mu/affarpur.
,. Sarlahi
., Rautaiiat
> MuzafTarpur.
Ro vA.
11 dH.0 ...
„ Parsa
}.
Cham par an.
XT , ! ,, Butwal
Nepal ... -^
... (1) Gorakhpur ; (2) Basti,
and (3) Gonda.
„ Palhi
... Gorakhpur.
„ Dang
... Gonda.
Ti o 11 1 i
\
, . I >. II 1 K I . . .
,, Burdiya
> Bahraich.
-
„ Kilali
... Kheri.
„ Kanclianpur ...
... Piliblnt.
i
,, Darchula ....
... (1) Almora ; (2) Nairn Tal.
,, Baitadi
c „ Doti
j- Almora.
Bhutan
... Jalpaiguri.
Sikkim
... Darjeeling.
Hyderabad ... ...
Rajamandri.
In Central India.
Bhopal (all States)
Gwalior and other State.s ...
f Orchha, Samhliar, Datia, Tori,
Fatehpur, Bijna. Bankapahari,
Dhurwari.
Sirila, Jigui
Beri Baoni
Charkhari, Gaurihar, Ajaigarh ...
Bundelkhand ... 4 Panna
Chattarpur, Bijawar, Lunghasi,
Alipura, Garranli, Bihat Nai
I gawwan, Ribai.
{Jaora, Ratlarn, Sitamaw, Sailana,
Piplada
Dewas (both the Branches),
Bagli.
)
Hoshangabad.
Agra arid Indore.
Jhansi.
Orai.
Hamirpur
Banda.
(1) Saugor ; (2) Damoh (in
the Central Provinces) ;
(3) Allahabad in the
United Provinces.)
• Nowgorig.
A . , ... ,, ,
Ajmer, or failing that Agra.
T , , , T,
Jabbalpur or Jhansi.
Names of Native States.
Bhopawar (all States)
Baghelkhand (all States) ...
Indore and other States ...
Name of nearest British Jails.
Indore.
(1) Karwi Sub- Jail : (2)
Naini ; (3) Jabbalpur.
Indore.
In Rajputana,
Kotah
Jhalawar
/ Udaipur .:.
1 Dungarpur
Mewar ...•< „
Bauswara
>• Ajiuer.
V Partabgarh
Band!
Tonk States ...
Shahpura ... .. ... ... ,
Alwar
Gurgaon.
Jaipur
Kishaisgarh ...
• Ajrner
(Bharatpur ... ^
Dliolpur - ...
Karouli ... ,
h Agra.
Bikanir ... ... ... ... ^
(Jodhpur
Sirolii
Ajmer.
Jaisalmer
Alll other minor States of Rajputana —
f District Aurangabad
Buldana.
, Purbhani
, Nandair ...
• Akola.
Adilabad ...
Chanda.
Karimuagar ... 1
Warangal ... J
Rajmandri.
Nalgonda
Rajmandri or Kurnool.
Mahbubnagar
Kuruool.
Hyderabad ...^
Raichur ...
Kophal ... ... J
• Bellary and Dahrwar.
Gulburga
Sholapuror Bijapur.
Osmanabad
Sholapar.
Bir
Ahmadnagar
Bedar ...
I
Nizamabad
Medak
^•Secundrabad.
L
Atraf-i-Balda
)
II. — HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF
FORT ST. GEORGE (MADRAS).
Banganapalle
Cochin
Pudukkotai ,
Sandur
Travancore
.. Bellary.
Coimbatore.
.. U) Trichinopoly , (2) Tan-
jore, whichever nearer.
.. Bellary.
f(l) CoimVjatore for the pri-
soners resident of North
J Travancore.
' ' (2) Palamkotah for the pri-
soners resident of South
L Travancore.
'13
III. — HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF BOMBAY.
Names of Native States. Names of nearest British Jails.
Cambay
Palanpur
Surgana
Jath
Daflapur Estate
Savanur
Bhor
Catcli
Mahikantlia ...
Janjira
Akalkot
Savant Vadi
Jawhar
Khairpur
Kolapur
f
a
s
6
Miraj, Sr. <
Miraj, Jr.
r
Kurundwad, Sr. -^
Kuriindwad
;* {
Jamkhandi
Mudhol
I Ramdurg
Aundh
Phaltan
Dharampur ...
Bansda
Sachina
Tlie Danga ...
iJewa-Kantha (all States)
Kathiawar .
Taluks : — Miraj p r an t,
Kuchi, Terdal Sahapur.
Sirhati, Dodwad
Mangalwedha
Taluk : — Miraj
„ Laxmeshwar
„ Madnimb ...
Taluk :— Kavthe
„ Gudgeri
,, Kuroli
Detached villages
Taluk : — Kurandwad ...
„ Angol
„ Tikota
„ W a t e g a o n
villages
„ Mairidergi ...
„ Yellur
,, Jamkhandi ...
„ Bidri
Thana Pathkal
Taluk Kundgol
[ Ahmedabad.
Nasik.
> Bijapur.
Dharwar.
Yeranda.
Ahmedabad.
Alibag.
(1) Bijapur ; (2) Sholapur.
(1) Ratnagiri, 1st October to
31st May ; (2) Belgaum
lat June to 30th Septem-
ber.
Thana.
Sukkur.
Yeravda Central Jail, Poona.
Belgaum.
Dharwar.
Sholapur.
Satara.
Dharwar.
Sholapur.
Satara.
Dharwar.
Sholapur.
Belgaum.
>• Belgaun.
Bijapur.
Satara.
Sholapur.
Belgaum.
Bijapur.
Dharwar.
(1) Belgaum ; (2) Bijapur.
Dharwar.
>• Satara.
Surat Jail.
> Surat Jail.
Godlira.
(1) Wadhwan ; (2) Rajkot.
HAVING POLITICAL BEI.ATIONS DIRECT WITH THE GOVERNMENT OF THE UNITED
PROVINCES OF AGRA AND OUDH.
Rampur (Rohilkhand)
Lehrj (Garhwal)
Moradabad.
Deh r a Dun.
HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF THE PANJAB.
Putaiidi
Kapnrthala
Gurgaon.
Jallundhar.
14
Names of Natives States.
Patiala
Jliind
Nabha
Bahawalpur ...
Faridkot
Simla Hill States
Dujaua
Chamba
Seiraoor
Loharu
Kalsia
Suket
Maudi
Malerkotla
Names of nearest British jails.
... > Ainbala.
... Multan.
Ferozepur.
... Ambala.
... Rohtak.
Gurdnspor.
... Ambala.
Hissar.
Ambala.
> Simla.
... Ludbiana.
HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF BURMA.
Shan States, Northern
Ditto Southern
Mandalay.
Meiktila.
HAVING POLITICAL RELATIONS DIRECT WITH THE CHIEF COMMISSIONER
OF THE CENTRAL PROVINCES.
Chhatishgarh Feudatories comprising (1) Palarnau, (2) Ranchi, Sirguja and
Jashpur.
HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF EASTERN
BENGAL AND ASSAM.
Khasi States
Manipur
Cooch Behar
Hill Tippera
/ Kliasi Hills
{ Jaintia Hills
Shillong.
Silchar.
Rangpur.
Comilla.
HAVING POLITICAL RELATIONS DIRECT WITH THE GOVERNMENT OF BENGAL.
(1) Seraikela
(2) Kharsawan
(1) Athgarh ... ..."
(2) Athmallik
(3) Baramba
(4) Boad
(5) Daspalla
(G) Dhenkanal
(7) Hindol
(8) Narsingpur
(9) Pal Lahera
(10) Talcher
(11) Tigiria
(1) Keonjhar
(2) Moharbhanj
(3) Nilgiri ... - '...
(1) Kliandpara
(2) Nayanagarh
(3) Ranpur ... •••
(1) Bamra
(2) Bonai
(3) Gangpur
„ (4) Kalahandi
(5) Patna
(6) Rehrakliol
(7) Sonpur ... ...
15
\ Chaibassa (Singhbliinu.)
1
>Cuttack.
J
' [-Cuttack.
:J
. > Balasore.
• /
. \ Pnri.
^ Sambalpur.
APPENDIX XXVI.
[Vide BULB 115.]
List of Registers and Files.
No.
Name of register or file.
Rule
under
which
kept.
How long preserved.
Register.
Rule.
1
Register of unidentified prisoner.-;.
60
Five years.
P. R. B. Form No. 182.
2
Register of processes. P. R. B.
84
To be sent to Ma
gis-
Form No. 188.
trate's record-room
for
disposal.
3
Hajat Register. P. R. B. Form
89
Three years.
No. 190.
4
Malkhana Register. P. R. B. Form
99
Permanently.
No. 191.
5
Arms Register. P. R. B. Form
101
Ditto.
•c
No. 192.
6
Magistrate1!; general register. P. R.
117
To be sent to Magis-
B. Form No. 195.
trate's record-room
for
disposal.
7
Final memorandum. P. R. B. Form
124
Three years.
No. 196.
8
Khatian Register. P. R. B. Form
125
Ditto.
No. 197.
9
Appeal Register. P. R. B. Form
128
Ditto.
No. 198.
10
Result of appeal. P. R. B. Form
129
Ditto.
No. 199.
11
Conviction Registers. P. R. B.
130
Permanently.
Form No. 200.
12
Index to Conviction Register. P.
134
Ditto.
R. B. Form No. 201.
13
Register of Sessions cases. P. R. B.
138
Three years.
Form No. 202.
14,15
Registers of papers received and
140
Ten years.
despatched. P. R. B. Form Nos. 54
and 55.
16
Peon Book
...
Three years.
17
Inspection Book. P. R. B. Form
...
Permanently.
No. 20 (Volume I).
Files.
18
File of verification rolls. P. R. B.
82
Three years.
Form No. 187.
19
File of receipt cheques. P. R. B.
141
Ditto.
Form No. 63.
20
File of quarterly returns. P. R. B.
143
Ditto.
«
Form No. 204 or 210 with 205,
206, 207, 208.
16
Rule
-
No.
Name of register or file.
under
winch
How long preserved.
kept.
Files — concluded.
21
File of quarterly statement of un-
145
Three years.
identified persons.
22
File of Annual Returns.
23
File of P. R. slips. P. K. B. Form
162
Three years after final
No. 214.
action.
24
File of release notices
170
Ditto.
25
File of Jail parade report-:. P. R. B.
168
Three years.
Form No. 216.
26
File of Police Gazette and C. I.
...
Ten years.
Gazette.
27
Police orders and Government
...
Permanently.
orders.
28
Illustrated Supplements
...
Ditto.
APPENDIX XXVII.
[Vide RULE 115.]
List of Returns and Reports.
Name of return
or report.
When
submitted.
To whom
submitted.
Daily report P. R. B. Form Daily
No. 217.
Concise Memo. P. R. B. Foim On every charge
No. 194. sheet received.
Return of unexecuted warrants, j At the beginning of
P. R. B. Form No. 189. | every mouth.
Statement of serious crime. P.R. ; On 5th January
B. form No. 204, (for Railway „ April
Police P. R. B. Form No. 210) | „ July
with P. R. B. Forms Nos. 205. j „ October
206, 207, 208.
Statement of unidentified person.
P.R. B, Form No. 211.
Statement of deaths of P. R.
convicts.
Annual returns
Ditto
Superintendent of Police
Superintendent of Police
(through Inspector when the
latter is at headquarters).
Superintendent of Police
Through Superintendent of
Police and District Magistrate.
One copy to Deputy Inspector-
General Range and another
copy to the Commissioner.
Officer in charge of Finger Print
Bureau.
Authority under
which submitted.
Rule 40
143
145
17
05
06
6CO
v - «
^ T?
.£ ca
So
o *•
•* a;
6C *J
c .—
t£ CU
^ en
•e o
CQ
SI
ll-
<
*•?«_, 8 fi-
•s >> 3 £ ts 5 £/'y 5 'S .c "
« «n S a* 3 g 5 30
S > «
^ O^rv d
ai-J
Ir
cc
W
S
a
10
S
m
s
1
o
•O
1
a
5
js
a
_o
15
o
'IB
1
e
3
•S
a
o
§
03
4
.
t-I
4
Secondary classification when Whorls predominate.
03
M
35'
4
a' a
05 J
a-
a
4
*~i ^
M
05
4
E
&
£
fi
C3
S
*tc
S
Classification.
i
Formula representing sub-division
in which search to be made.
EH
4
Digits taken in
pairs.
1
i
5
£-2-s| .
z" I!
d*>s S
|||p
SS^^5
Pn
OS
V
«
*c
c.
o
s
'3
n
Name under whicli
3 I 1
Primary and Secondary Formulw
Date of the receipt of slip —
t*
>> *
5. ~
1 £
o '-
11
'
—
— -
Primary
classifica-
tion.
S
^
a P?
05' 05'
4 EH
S3
44
^HN eo^< i3to t<»oo 0*0
di
r— i W
3 §
« 1»
w
8 5-
^
W
0
«
o
-fe
P2
.2 O
-'-
1 a «
|<- * & i ' * I
I £ •% s .s ?
<•' ° d S ^ <£
V 5) nj •«-• ^ .^-
•.- 5 * -K B -s
P. R. B. FORM No. 184.]
Court Officer's Concise Memo.
[Fide Rule 68.]
(1) Police station. (2) No. and date of F. I. R.
(3) No. and date of charge sheet. (4) Section.
,.,. Date o* case diaries.
Date of receipt.
(6) Name of complainant
(7) Name of accused sent up, and
whether identified.
(8) Name fl< absconding accused.
(9) Names rf persons reasonably
suspected.
(10) Details of previous convic-
tions.
(11) Name of investigating officer. (12) Whether F. P.s of unidentified
accused have been taken.
Below should be given in the following sequence : — (J) History of case ; (Z?)
Points to be proved ; (C) Evidence available to prove each point. B and C
should be given in parallel columns facing each other.
N.B. — (1) Explanation should be furnished of delay, if any, of receipt of diaries.
(.2) Steps taken against absconders should be always noted. (3) The reasons for suspect-
ing any persons to be clearly given and by whom suspected to be be noted. (4) Description
and value of property stolen recovered to be noted.
P. R. B.FOBM No 185.]
Warrant Report Form.
[Vide Rule 75 and Vol. V.— -342.]
[To accompany warrant of arrest of accused.]
NOTE.- -The officer in charge of the police-station or the officer to whom the warrant has
been made over for execution, shall, if the warrant be not executed, report on the back
of this form the reasons for the failure to execute it and whether further time is required
for execution. If the person against whom the warrant has issued is absconding in order to
avoid execution, this fact should be clearly stated and if necessary, a request made for an
order of proclamation and attachment.
1 Serial number in general register,
complaint register or miscel-
laneous register.
2. Name of issuing Court.
3. Name of police-station where
sent for execution.
4. Name of complainant.
5 Name of accused.
6. Section and Act.
7. Name and residence of the person
to be arrested.
8. Date fixed for hearing.
9. Date fixed for return of warrant.
10. Subsequent orders of the Court.
11 Action taken by police on the
Orders on heading 10.
REPORT OF POLICE OFFICERS,
5
P. R. B. FORM No. 186.]
Form of Application /or Remands.
[Vide Rule 81].
To THE MAGISTRATE OF_
Dated the.
19
SIB,
I HAVE the honour to apply for a remand of
days in the
case of.
-of.
station to enable me
I have the honour to be,
SIR,
Your most obedient servant.
Court Sub -Inspect or.
3*|«
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s given a
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icated co
and addres
ent The ca
ian P
ticula
re
sult
uthe
ames
d be
a S3
03 C
required i
ffice before
bly be sen
o) <u o *" -2
-H ri r^ rt .. . (-"
REVERSE.
1. Name and caste of accused ( with aliases, if any)
with father's name.
^ Age and personal description.
3. Residence : — Village, thana,pargana, with distanc
and direction of village from thana.
4. Name of chaukidar, thikadar, zamindar and
principal residents of village.
5. Left home on the-
accompanied by
6. Particulars of pievious conviction, (if any), s). ow-
ing date, sentence and offence with Section of Code.
7. Name of Jail in which last imprisoned, with date
of release.
8. Names of persons who can identify the accused as
having been convicted in tr.e cases mentioned in column
0.
i). Remarks.
Court Office
P. R..B. FORM No. 18«.]
[H C. FORM No. 174.
Register of Processes.
[Vide Rule 84.]
(To Lie kept in the Courts of District ami SubiUvisioii.il Magistrates, anil to be preserved for three years.)
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REMAK
1
2
3
4
5
8
7
8
9
10
11
12
13
14
15
16
17
P. H. B. FORM No. 180.]
Monthly return of unexecuted Warrants for the month of
[Vide Rule 85 ]
,
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M
P. R. B. FORM No 190.]
[HIGH COURT CRIMINAL No. 70.
Court Sub- Inspector 's Daily Book of Prisoners to be produced bejore
Magistrate.
[}'ide Rule 89.]
1
2
3
4
5
Number of
warrants.
NAME OK PRISONER.
Initials of Court
Sub-Inspector.
Initials of Jailor.
Order of Magistrate,
with data of release,
remand, Ac.
1
Alee Bux
DiscLarged.
2
Peer Mah ;med
Acquitted.
3
Shaik Ahmed
Convictid.
4
Rohim Bux
Released on bail.
5
Enait
Remanded.
P. R. B. FORM No. 191.]
Register of Property received in the Malkhana.
[ Vide Rule 99 ]
2
3
4
5
6
7
8
9
10
11
12
13
14
o
•S'S
y.
PROPERTY
2
Jo
£
eceipt at Court.
om which sont up.
1
I
and description
y.
Value.
b-Inspector s Initil
'ledging receipt
ty.
id its date.
en property is i
to owner.
SOLD.
remitting money
usury.
<n
o
ce
a
•a .
51
sl
Serial nu
Date of i
Thana fi
Parties c
i
o
Nature
proper
i
•s
02 i c.
!«£
o
Orde's a
s
1S
u& ^
°c.
rt °
P
Its value
"SH
n
REMARK
Rs.
A.
P.
INSTRUCTIONS.
1. A preliminary order coucerning all property shall be taken from the Magistrate in column 10 as
soon as property Is brought in. Final orders for the disposal of the propeity shall be taken in the same
column wheu it is uo longer necessary to keep the property in Court. Orders for t he disposal of fire-arms
shall be particularly clear and the-Court Sub-Inspector will be held personally responsible f r seeing that
such orders are correctly carried out and shall make an entry in the remarks column certifying that they
had been carried out.
2. All articles found on prisoners held in trust for them by the Court Officer shall be carefully number-
ed and entered in the Registsr, the numbers in which should tally with those on the articles.
10
P. R. B. FORM No, 192.]
Form B.
[Vide Eule 101,]
Form of the Anna Register oj the Malkhana.
DATE OF
RECEIPT.
Serial number.
Class of weapon.
Licensa number
and year.
Number of weapon.
Thana.
Owner.
i
a
5
ff<3
OJ
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C'S
2 **
£
Initials of Sub-
Inspector.
Date of receipt of 1
information by
Anns Act clerk.
Initials of Arms
Act clerk.
Date of d spatch
to Arsenal.
Initials of des-
patching officer.
REMARKS.
1
2
3
4
5
6
7
8
9
10
11
12
13
11
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eft;
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TRIPLICATE copy.
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P. R. B. FORM No. 194.]
Certificate to be signed by a .\lagistsale or other Judicial officer and forwarded
with blood or seminal stained cjrh/bits.
[Vide Rule 108.]
CERTIFIED that a Chemical Examiner to Government has permission of the
Court to remove, if necessary, portions of exhibits connected with the case of
Emperor versus for the purposes of applying chemical tests. '
NOTE, — This certificate shall be signed by a Magistrate or other Judicial officer, aud be appended by the
Chemical Examiner to his report on the case and flied with the record.
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14
P. R. B. FORM No. 196.]
Final Memo.
F. I. R. No.
Police-station,
[Vide Rule 124.]
dated sec.
P. stolen
F. R. No. dated
Complainant -
P. recovered
RESIDENCE VERIFIED AS
If traced by
F. P or if
Accused, suspects, abscoudars (to be differentiated
residence not
by ac., s., »b.). ,
1
verified, note
Village.
Police-
station.
District.
the fact
below. s
Sentence, sectijn and date t
o
•x;
3
15
H
Discharge of sureties, bail and recogni-
£H
zances.
9
§ -
C
Property taken possession of by the Police
W
-
,
EH
a
Necessity of surveillance
v
EH
oj
J
EH fc
If
Preparation of case history or history sheet
a |
el
Taking of photogiaph of accused
t. S
.
ii
Entry of convicts' and suspects' names in
I. village Crime Note Book.
Previous conviction, place crime, sentence, date
and residence including village, police-station •
and district.
No. of Vol. and page of entry in Village Crime
Note Book.
'~ Persons will be described as '' traced" or "untraced" according as they ae tiaced or not by the
WnKev-priut Bureau, and " indentified" or "unidentified" according as their residence has been verified or
traced traced
n°- e-^Wdentiri^' identified ' 6tC" ^
t If acquitted or discharged attash a copy of judgement.
J Attach a io;iy of remarks.
15
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DETAILS OF OASES.,
asitij
Xistioiati"111 s^ pa.J«ioap ?nq
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A"q aiqBZiuXoo anj} paivpap qnq
as[tij se aDJ[O<j Xq pa^jodaj sasug
S
RESULT OF PROCEEDINGS FOK
FALSE COMPLAINTS.
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REMARKS
(Spare
columns).
FOR DEPART
MENTAL RE-
TURNS AND
REPORTS.
in iiA-.o'is sv spuvui.u jo .laquinv;
DETAIL OK PRO
FOR STATEMK
AV9tio.nl jo ^nuoniy
•na|0}s A^jado.id jo ^nnotny
iioii|M nj samw jo .laquinji
•uajo^s SBAV A"iJadoJd qottiAi in sasuo jo .
DEPARTME
EPORT AN
RETURNS.
PERSON •; CON-
DED IN MAGIS
RATE'S CASES.
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Boi^saAni jo Jtiu^ guipaad A"po;sno u; suosjaj
17
P. R. B. FORM No. 198.]
Court Officer's Register of Appeals.
[Vide Rule 128.]
1
2
3
4
5
6
7
8
REMAKKS—
Date of
receipt.
Date of
notice
of
appeal.
Names
of
parties.
Court against
whose order
appeal is
preferred.
Sentence ^vith
date and
section.
Date fixeA for
hearing of
appeal.
Result of
appeal.
showing what
steps, if any,
have been
taken to
support the
i . •'
conviction.
*•
x^
V
18
P. B. B. FORM No. 199.]
Result of Appeal.
[Vide Rule 129.]
Police-station
Number and date of case .
Parties
Appellate Court . .
Order with date
The above order has been noted in
The General Register, under No.
The Conviction Register, Volume Page
The Khatian Register, under No.
The Appeal Register, page
Court Sub -Inspector.
ON THE REVERSE.
Memo. No. , dated
The result has been noted in the index of crime.
Forwarded to the officer in charge of police-station for information.
Superintendent of Police.
Memo. No — dated
Slip returned. The result of appeal has been noted in
The Village Crime Note book, volume P»ge_
The Surveillance Register „ ,,
The Khatian „ page
Officer in charge of Police-station.
N.R.— This form is to be returned to the Superintendent of ToUce, who will then file it in his office
with the record.
19
P. R. B. FORM No. 200.]
Register of persons convicted of heinous offences.
[Vide Rule 130.]
Name of the parson (including his
alias, if any) and cast.1.
Name of his father.
Residence.
Profession or trade.
Direct case number or name of
the.police-sUtion from which sent
up and police-station nnmber and
date of case.
Tear of birth.
3
3S
m
Personal marks, such as squint,
lamenoss, loss of limbs, permanent
scars, <fcc.
Of what offence convicted.
Date of conviction.
Sentence passed, and by what Court
convicted.
1
Date of previous conviction (if
any) and section of the law under
which convicted, and by what
Court convicted.
e
It
c*>
•§
15
01
•o
Whether F. P. taken.
Date of forwarding extract to other 1
district. !
REMARKS. i
1
2
3
4
5
6
7
8
9
10
ii
12
13
14
15
*
16
c
- •
-
20
P. R. B. FORM No. 201.]
Index to Register of persons convicted of heinous offences.
[Vide Rule 134.]
Name with alias if any, and
caste.
Father's name.
Page and volume of the register in
which conviction is entered.
21
P. B. B. FORM No. 202.]
Register of cafes committed to Sessions.
«fc Rules 138.] "
(To be kept at the Headquarter's Court for the whole district.)
Serial number (annual). t
Nanie of committing officers and
Court.
"3
1
a
s
o
"o
o
Section under wnich committed.
Name of police-station and data
of first information and charge
shtet.
Names of parties.
Date fixed for trial.
•o
a
5
"o
•S
o
£
"3
a
1
S
•a
01 3
4J O
Final order of Appellate Court.
BKMARKS.
1
2
3
4
6
6
7
8
9
10
11
c
'»
\\ B. B. FORM No. 203— Blank.
22
P. R. B. FORM Nos. 204, 205, 206, 207, 208.]
[Approved in letter No- o_u43_j2 '•, dated 4-7-13.]
(Vide Rule 143.)
Due to the D. I. G. of Police and to
Commissioner through Magistrate, on
5th January, 5th April, ath July and
5th October.]
RETURN OF SERIOUS CRIME FOR THE QUARTER ENDING
THE_ ...191
.DISTRICT.
Tlio . 191 . Superintendent of Police.
Countersigned.
The _____ _191 . Magistrate,
23
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25
P. R B. FORM No. 206.]
Riots.
General remarks on the figures of rioting and brief particulars of serious riots
stating date of occurrence, final report and the result of the judicial proceed-
ings, if any, the reason why preventive action previous to the riots was not
taken by the police should be stated, and whether previous warning was sent
to the persons on whose behalf the riot was committed and, if not, why not.
Also state if professional lathiuls were employed. Reference may also be made
here to the extent to which preventive action is being taken under Sections 107
and 145, Criminal Procedure Code, in disturbed areas and whether Section 106,
Criminal Procedure Code, has also been resorted to.
P. R. B. FORM No. 207.]
Statement of bad livelihood cases for the quarter ending the
191
(The number of cases under Sections 109 and 110, Criminal Procedure Code,
should be shown separately by Sub- Divisions.)
Pending
Number
Average duratio.i
from
Number
Number
discharged
Number
from date of
previous
quai ter.
instituted.
convicted.
Of
acquittsd.
pending.
Number
of cases
tried
loyally.
application to
Magistrate of
cases disposed of.
If excessive delay
has occurred in
any ease, give
reasons.
Sub-
Division.
t
1
I
|
r.
o
5
1
5
I
1
arsons.
1
4
§
e
O
£
o
£
o
£
O
PH
0
1
2
3
4
5
6
7
8
9
10
a
12
13
^
26
P. R. B FORM No. 208.]
Iteturn of Sessions catesjor the quarter ending
191
Case, i.e., crime
charged.
Date of sub-
mission of
charge sheet
or of the ins-
titution of the
case, if non-
eoguizable.
Date of com
mitment.
Date of
trial at
Sessions.
Convicted or Sentence and
acquitted. Section.
REMARKS
including
name of
Judge.
Show hare the numbar of cases reversed during the quarter on appeal by-
(t) Sessions Court. • •
(u) High Court •
P. R. B. FORK No. 209— Blank.
27
P. R. B. FORM No. 210.]
GOVERNMENT
Crime return for the quarter
[Vide
CHIME.
True
cases
reported
during
the
quart9r.
'
Investi-
gation
refused
under
section
167, C.
P.O.
OASES INVESTIGATED OR
PERSONALLY SUPERVISED ON
TFIE SPOT.
True
cases
during the
same
period
last year.
S. P.
A. S. P.
Inspector.
l
2
3
4
B
6
7
I. Murder
II. Drugging
lit. Swindling by means
of forged Railway
receipts.
IV. Missing goods cases
treated ns thefts.
fFrom goods sheds,
{etc.
,, running trains ...
,, trains or wHgons
in yards.
V. Thefts (a) 1'ick-pocket
cases.
•
,, (6) Prom run-
ning passen-
ger trains.
, (e) Brass thefts
,, (d) Mis eel' a-
neous.
VI. Cognizable cases
under Railway Act.
VII. Obstruction cases
-
VIII. Opium smuggling
Total
•
Dated
the
191
28
RAILWAY POLICE.
ending
191
Rule 144.]
Due to the assistant to the Deputy
Inspector-General of Police, Crime
and Railways, Bengal, on the ith
January, 5th April, 6th Jnly, and
6th September.
TllUE CASES TO DATE.
Property
stolen.
Property
recovered.
Cases reported
during the
quarter pending
enquiry at
time of
compilation.
Undisposed of
cases of previous
quarter since
disposed of
as true.
REMARKS.
This year.
Last year.
8 9
10
11
12
13
14
•
Superintendent of Police,
Railway.
29
f
is
Eule 145.
of
Vi
appear
olumn.
d,
le
Ijj
,'5?
"O — P4
S -S* «
£ til
x -i- 3
o a; S35
2 Jj => ^
•M o1 _
a Isfi1
>3 a *- a
S c<« 3
a, a ° 2
•5 "S i>-
P ai c< _2
! 11^
^ "J-2 o
o c-o is
g
al.
does
al Office, t
ie fiist Hn
all be sl.o
s e
« CO
o
e
3
O
.r.f»
I
I
gS S
O; C3 O
** &
$•5
"
J o
SSlga
!* EH j !: «
53 em
§is
2 .«
Sia •
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«-" -n C-!tJ
S£i fe
•ON i
30
P. R B. FORM No. 212.]
Statement showing the result of Traced Cases.
[Vide Rule 1-46.]
Has fresh finger-
Name and
father's
name
under
which
sent up.
Date of
receipt of
reply from
the C. I. D.
Place,
date, sec-
tion and
term of
conviction.
Has
identity
be^n
establish-
ed? If not,
state
reason.
Has previous
conviction
1 been proved
in Court? If
not, state
re son.
Has enhanced
punishment
been awarded
under section
76, I. P. C. ?
If not, state
reason.
print slip
been prepared ?
(In case of dis-
charge or acquittal
it is equally neces-
sary that a new
P. P. slip should
be prepared and
submitted.)
1
2
3
4
5
6
7,
•
«
.Court Sub-inspector.
.Date.
.Court.
31
P. R. B. FOBM No. 213.]
[Despatch Cheque.]
[Vide Rules 153, 157 and 163.]
CHEQUE No.
* Dated
To
.DISTRICT.
.19
FORWARDS ?^r- slips of the prisoners named below for record
P. B. action
Superintendent of Police.
Serial
number.
Father's name.
F. P. classification formulsu.
32
*-i 'U V*> M4^ ***
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33
REVERSE OF P. R. B. FORM No. 214.]
SPACE FOR NOTING F. P. TAKEN.
SPACE FOR NOTING TESTED.
Signature and designation of Officer Signature and designation of Testing Officer
preparing F. P. Slip
PIace___ Place ,
Date Pate ;
CERTIFIED that the words " F. P. taken " have been noted against the name of
the released convict at page under No. in the Crime Note Book,
* Vol No. , and that he returned home on
POLICE-STATION.
Station Officer.
Date.
S
._ e
OH
fti
<u
•^
S
o
a ^ *
o.£-5
"£ '•" a 3
gt-— a
cc w "3 ?2
^-.
"* J~M
0 f.2
w
ITS
2
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35
P. R. B. FORM No. 216/J
i ^
[Approved in letter No. , dated 1st August 1906.]
C. I. 1).
JAIL PAHADK REPORT.
>
[Vide Rule 168.]
Held at the Jail on the 191 .
INSTUUCTIOXS. The Sadar Court officer (or in his absence, such officer as the Superin-
tendent selects will hold the Sunday Jail Parade. On Saturday afternoon at 2 o'clock and
English-knowing head-constable will attend at the jail and be peruiited to fill in columns 1
to 5 of the Jail Parade Form, arranging the name in the four parts detailed below from
the Jail Admission Register. The convicts named in Parts I, II and IV of the Jail Parade
Report will be paraded on Sunday mornings at 8 A.M., in three separate batches for police
inspection. Police officers must be present at the jail at 7-30 A.M.
Part I should contain the names of prisoners convicted in the district and
admitted to the jail since date of last parade (i.e., from the Saturday
of one week to the Friday of the following week, both days inclusive)
Fart II should contain the names of all prisoners admitted to jail by
transfer from the Saturday of one week to the Friday of the week
following-
Part III should contain the names of all prisoners transferred to other
jails within the above period, or who have been released on bail or
acquitted on appeal or who have died in jail within the same period.
-*
Part IV should contain the names of prisoners to be released between the
4th and 10th day after the date of the parade (i.e., from the
Thursday of one week to the Wednesday of the following
week, both days inclusive.)
NOTK — Only those persons who have been made P. R. will be paraded.
N. B. — These parts should be clearly numbered off.
36
c
> -feQ'S o g^ te_o
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jaw 3
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40
P. K. B. FORM No. 217. J
Dilili/ Liuler-trial Case Report of the. Court Sub- Inspector of —
[Vide RuJe 40.]
«
police-station,
of first in-
ate of final
of law.
ing officer.
NUMRKR OF
WITNESSES
PRESENT.
witnesses
e—
a
X
1-8
a
present
NUMBER OF
ACCUSED.
a o o
0
-S
-" o
3
d
"o"
—
a ^ "u
to
«
&
«J..|
O — a)
- O
C.
o
8
a
o
<e
"o
•o
J3
O
£ a
a>-a o
"3 a aJ 0
Name of
^ d-g
a § -B &
S a ° £
|Z5
Name of
p
A
o
For defe
Number
examin
Number
granted
° a c-S,
g 2 o .§
P5 o
Admitted
o a« 2
- S °
ille
5s5 a
E
1
s
3
*
5
6
7
8
9
10
11
-
1
41
Number of
Rule added
Number of
Rule added
Number of
Rule added
correction slip
with date.
to or cor-
rected.
correction slip
with date.
to or cor-
rected.
correction slip
•with date.
to or cor-
rected.
|
'
j
Number of
Rule added
Number of
Rule added
Number of
Rule added
correction slip
with date.
to or cor-
rected.
correction slip
with date.
to or cor-
rected.
correction slip
with date.
to or cor-
rected.
-
\.
\
•
-
Number of
correction slip
with date.
Rule added
to or cor.
recced.
Number of
correction slip
-.vith date.
Kule added
to or cor-
rected.
Number of
correction slip
with date.
Rule added
to or cor-
rected.
Number of
correction slip
with date.
Rule added
to or cor-
rected.
Number of
correction slip
-,vith date.
Rule added
to or cor-
rected.
Number of
correction slip
with date.
Rule added
to or cor-
rected.
B. S. Press— 13-7-1915— 4073J— 6, . S. M.
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
315